So, for example, someone is seen by civilians contravening a solid white line or witnessed undertaking or tailgating, all classic examples of careless driving in Scotland. The law surrounding Dangerous Driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. Vasilica When you WebA Notice of Intended Prosecution must be sent within 14 days of the alleged offence (or in some instances of the offence coming to the attention of the police). If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. the driver could have been one of a number of people but, you are not sure exactly who it was; where family members are involved in a long journey, often going on holiday & take turns to drive but have no recollection of who was behind the wheel when the speeding offence was committed; or, the car could be driven by more than one employee & no log was maintained to record who drove each vehicle on any specific day; or, where work colleagues share the driving on a long drive allowing each the opportunity to relax or deal with emails on their phone. Common offences that require an NIP on the There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. The police will often do both. Call us now or complete a contact form on the right-hand side for advice about how to deal with a notice of intended prosecution. The emails claim that GMP are notifying you about a Notice of Intended Prosecution (NIP) and have photographic evidence that you failed to adhere to the speed limit at specific date, time and location. Under s2 (3) Road Traffic Offenders Act 1988, an exception to the requirement to serve a notice of intended prosecution may apply if the police are unable to trace the registered keeper of the vehicle within sufficient time to serve it within 14 days. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. WebA Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. The time limit for an oral warning is strict. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. The Notice is simply what the WebNotice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. (4) Schedule 1 to this Act shows the offences to which this section applies. I got back last night and only saw the letter today. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. WebA Notice of Intended Prosecution (NIP) is a notice issued by the police that informs an individual that they intend to prosecute them for a motoring offence. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. If you admit to being the driver it does not necessarily follow that you accept having committed the offence as the police will still be required to prove all other aspects of the offence. I was stopped by the police but haven't received my written warning. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. If the offence requires a Notice of Intended Prosecution to be served, remember that the first NIP has to be received within 14 days of the alleged offence. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily need to be a collision or damage. In the vast majority of cases, such a prosecution will not happen. You must report the collision no matter who was at fault. This does not invalidate the warning. They are that you: You should also plead not guilty if you returned a validly completed NIP within the prescribed time period but, the Police say your reply was not received. It is for a speeding offence on a motor scooter which yes, we own, but it was nowhere near London when the alleged offence took place. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. Posting the notice within 14 days Are there any defences to not complying with a NIP? This is because dangerous driving and careless driving are statutory alternatives by virtue of. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. However it is clear that something of real significance must occur. As addressed above, under DCF policies adopted in 2011 that remain in effect today, DCPP is required to accept and investigate all reports and referrals of child-on-child sexual abuse and child-on-child Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. Additionally only the registered keeper requires to receive the warning within 14 days. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. What if I moved house and didn't receive the NIP? The driver has left the country. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. It is settled, therefore, that being charged with careless driving at the time of the incident will also fulfil the purpose of a section 1 warning. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. There is no legal obligation to respond to a Notice of Intended Prosecution. On the other hand, if you are warned for dangerous driving, this will suffice. People who share the use of a car & receive a NIP may have a conversation as to who has the least points & who should admit being the driver when the offence was committed. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. You must still comply with a NIP received late & then argue the point when the case comes to Court. If it was the other way around, however, you could only be convicted of careless driving. If you receive a requirement for information and do not know who the driver was at the time of the alleged offence, it is essential that you take advice from a specialist motoring solicitor. The police officers who want to be armed are perhaps the ones who should not be police without prior notice to Hancock or to any of the third parties with whom Hancock messaged. If the requirement to provide this information is not complied with, a summons may be issued for failure to furnish information contrary to section 172 Road Traffic Act 1988. In those circumstances there is no need for a warning. A Notice of Intended Prosecution (NIP) is a notice issued by the police that informs an individual that they intend to prosecute them for a motoring offence. Near misses may constitute accidents but it will depend on the precise nature of the event. If you have an option to reply electronically or, online then that is a better course of action. The purpose of the NIP is to ensure that sufficient notice is given to the registered keeper or the driver of the vehicle that they could be prosecuted whilst events are still fresh in their mind. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. This is made clear in. However a warning for careless driving will not suffice in respect of dangerous driving as the latter is a more serious charge than the former. Can the NIP be issued to a limited company? That person should have the V5C document for the vehicle. Failure to respond to a requirement for driver details will normally result in a prosecution for failure to furnish information contrary to s172 Road Traffic Act 1988. If the driver of the vehicle was stopped by the police for example a person believed to have been speeding is followed and then pulled over by the police, the officer will usually issue a Verbal Notice of Intended Prosecution.If a verbal NIP has been given at the time of the offence, then the So, for example, someone is seen by civilians driving in an allegedly dangerous manner. Does it matter that my is spelled incorrectly? However it is clear that of real significance must occur and, often, near misses may constitute accidents. This occurred early last week at approx 3.00am on the Monday morning! They do not, however, require to do both. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. Yes. We have found that the written warnings received by drivers caught on speed camera (i.e. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. What happens if I knowingly provide false information as to who was driving? A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. We are invited, founder members of the Association of Motor Offence Lawyers. It will give you an idea where the offence took place and which court area will be dealing with the case. The limited company is then under the same obligations as an individual so far as the NIP is concerned. This is because the letter usually also warns the driver that they may be prosecuted for Dangerous Driving in Scotland or Careless Driving in Scotland. CONTRAVENING TRAFFIC SIGN, SIGNALS & ROAD MARKINGS. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. Telephone: (214) 653-7307. One will suffice. In those circumstances there is no need for a warning. It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. Call us at 0151 601 3743 and get a free initial consultation. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. The law provides that a warning for the lesser counts as a warning for the greater. See the learn more section for more details. WebThe types of offences that Operation Snap deals with generally have a 6 month time limit for prosecution. All of our legal team formidable and committed trial lawyers.They have featured on TV, Radio and National Newspapers and have represented fellow solicitors, advocates, barristers, Queens Counsel, sports stars, members of the Royal Family and even police officers. If the recorded speed was too high for a speed awareness course (10 % above the speed limit + 9 mph is the usually applied threshold) then a fixed penalty may be offered. Under s1 Road In that time, I received a Notice of Intended prosecution for running a red light. What happens if a limited company does not comply with a NIP? I was warned for speeding. THE RULE IN PRACTICE. the make & registration number of the vehicle; the date & time when the alleged offence was committed; and, you cannot identify the driver nor anyone who potentially could have been the driver; or. WebNotice of Intended Prosecution - Alleged driving without due care and attention Ive got home from work today and have received a notice of intended prosecution from West Mercia Police. It is this person that must receive the warning within 14 days. If no formal notice, termed a Notice of Intended Prosecution, is received by the registered keeper within 14 days then you can stop worrying as the registered keeper is required to receive such a notice within 14 days of the alleged contravention. The first, and most usual, is where a motorist has been captured by a speed camera. Advice for motorists who have received notices of intended prosecution. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. The registered keeper has a separate legal obligation to ensure that this address is kept up to date and the NIP will be considered legally served if sent to the address recorded on the registration certificate (log book) for the vehicle. It can only be issued at the time of the offence. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15th day of the month, (Your answer will take you to another page on the site. WebTo satisfy legislation under Section 1 of the Road Traffic Act 1988 the Notice of Intended Prosecution (NIP) has to be served within 14 days of the alleged offence on the In situations such as this, the authorities may request you to provide proof that: If you are unable to prove that the driver is insured, you may still be prosecuted for failure to furnish driver details or Permitting No Insurance. There are several factors on your possible disqualification from driving including the severity of the offence and whether you have penalty points on your driving licence. When you receive it, you'll notice that the process can be confusing. Such a subsequent warning must be delivered (a) within 14 days (which would be fulfilled in this example) and (b) must be in writing (which would not). This is perfectly competent but it can also create confusion. How long do the Police have to issue proceedings? The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. Therefore a driver MUST receive either a verbal warning at the time of the alleged offence or receive a written notice of intended prosecution within 14 days. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of section 2 or section 3 of the Road Traffic Act 1988. Common offences that require an NIP on the NIP offences list are; Speeding, careless driving and dangerous driving as well as traffic signal / sign offences. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. The fact that you disagree with the allegation does not mean that you are entitled to withhold information in relation to the identity of the driver if it is required. Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. If another driver is If it is not or, if DVLA mistakenly provides the wrong address to the Police, this does not give you a defence to a charge of not complying with a NIP. It is settled, therefore, that being charged with careless driving at the time of the incident will also fulfil the purpose of a section 1 warning. A NIP may be issued for example for the following motoring offences: It is vital that you deal with it correctly as it is very easy to get the procedure wrong. The Notice is simply what the name suggests. The messages are certainly of interest to the public and, given the insights they provide into how government (and the media) dealt with the pandemic The warning at the time does not require a specific form of wording so long as the meaning is clear. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in It is for the accused to prove that he did not receive a warning (or the correct warning). The Reminder does not extend the time for complying with the original Notice. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. It should also be noted that the burden of proof lies with the accused. For example, if you lease your car, the lessor will be the registered keeper. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Youll find information about the offence in the notice. You can phone us on 0151 601 3743. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. But most Police forces do so. The police may also obtain the details of the directors of the company and issue separate documentation on them where the company does not cooperate with its requests for information. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. If those enquiries do not establish who the driver was the NIP should be returned with a covering letter listing: At this stage you need not include your enquiries in the written response, but you should document them in case you end up in court. etc. A person cannot be convicted of careless driving in Scotland unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. In very simple terms, it is a document that provides sufficient notice to the registered keeper or the driver of the vehicle that they may be prosecuted for a driving offence. It is for the accused to prove that he did not receive a warning (or the correct warning). See our independent TrustPilot reviews. The validity of a complaint depends upon a number of factors. Requirement of warning etc. PROOF BEYOND A REASONABLE DOUBT. If this happens to you, the first you will often know is when you receive written notification that a car with your registration plate has committed a driving offence, not paid parking charges, etc. RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? So, for example, someone is seen by civilians contravening a solid white line or witnessed undertaking or tailgating, all classic examples of careless driving in Scotland. This satisfies the Notice of Intended Prosecution rules. However, this does not apply to The requirement is to provide those details within 28 days. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. Common If you see errors that relate to your name, address or date of birth, you should correct them. Check that the notice contains your correct name, address and date of birth; 2. Make a note of when and where you posted it; 7. It would be best to get legal advice as to the exact basis on which you are going to contest the charge & the evidence that you and/or others may have to give. The V5C, or vehicle logbook is a legal document issued by DVLA outlining essential information about the car like: date it was first registered; manufacturer; colour; engine size; and name of registered keeper. The last thing you want to do is to state that someone was driving based on poor quality B/W photos & when you arrive at Court you are shown clear colour pictures demonstrating you were wrong. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. What exactly is a NIP? This could be money spent on petrol, refreshments etc. that there are exceptions to this rule. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. Within the same letter will be a requirement to identify the driver. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. It is a warning that you may be prosecuted for a certain offence or offences. "Failure to provide", attracts a 6 penalty point endorsement. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. As an example, a speed of 95mph or more in a 70mph zone will generally always result in an SJPN being issued as this is speed too high for either a Speed Awareness Course or offer of a fixed penalty. However there IS a legal obligation to respond to a requirement to identify the driver. Under s1 Road Traffic Offenders Act 1988, a Notice of Intended Prosecution must be issued to the driver or registered keeper of a vehicle identified as having been involved in a motoring offence. However in certain circumstances the Crown may be precluded from obtaining a conviction. Rule 165a - Dismissal for Want of Prosecution. Remember that this offence carries a significant 6 point penalty! CHAPTER 2. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. failing to conform with a traffic signal (eg. It should also be noted that the burden of proof lies with the accused. I've been away from home for the past 4 weeks. INTRODUCTORY PROVISIONS. You can be convicted of careless driving. As amended through January 27, 2023. Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. WebYour legal obligation concerning the offence remains unchanged and you must ensure that you respond to the Notice of Intended Prosecution / Requirement for Driver details as outlined on the Notice and explained under Information Process in the navigation Menu. The paperwork does not explain in simple terms what you need to do. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. This could have major repercussions for you. If there is also a requirement to identify the driver you still need to respond to this. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. The civilians report the matter to the police who visit the accused 10 days later. Cars are cloned more often than you might imagine. can you identify by reference to any diary where each person was at the relevant time; check mobile phones for the day in question (and earlier) to see if there are text messages, calls etc that may shed light on the whereabouts of any potential driver; check visa & credit cards to see if any of the potential drivers spent money on the route in question on the relevant date. The NIP should be accurate. This is usually determined by whether you have been stopped by the police or not. A. WebWhere the police are required to serve a Notice of Intended Prosecution (NIP), the prosecution only needs to prove that they posted it so that you should receive it within 14 days. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. Frank Rogers Law is authorised and regulated by the Solicitors Regulation Authority SRA no 800795, Registered Office: Unit 3 Stadium Court, Plantation Rd, Bromborough, Wirral, Merseyside CH62 3QG, Possible Offences Covered by a Notice of Intended Prosecution. The police officers who want to be armed are perhaps the ones who should not be police without prior notice to Hancock or to any of the third parties with whom Hancock messaged. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. It can only be issued at the time of the offence. The deadline to respond is today. A. a red light); use of mobile phone while driving or dangerous driving. If you are also the registered keeper, this may well mean that you have a defence against the charge. If the police have stopped you at the roadside and charged you with the offence of Speeding in Scotland or Dangerous Driving in Scotland, it is likely you will receive a verbal section 1 warning.