These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. Finally, it is very important to note that a late Notice of Intended Prosecutionin no wayremoves the legal obligation upon a person to identify the driver of a vehicle when required to do so under section 172 of the Road Traffic Act 1988. The confusion arises because the two matters are often included in the same letter. A case may be dismissed for want of prosecution on Have you received a Notice of Intended Prosecution (NIP)? WebWhat is a notice of intended prosecution? We are road traffic law experts. A Section 1 warning is not required for every alleged road traffic offence. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. 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. The requirement is to provide those details within 28 days. Sec. 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. 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. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. WebIf you have any comments or complaints about enforcement please use the 101 non-emergency form and put for the attention of the Speed Detection Road Safety Team Leader. If you are a probationary driver & get 6 points for this offence your licence will be revoked. Seek legal advice straight away. Am I disqualified from driving if I receive a Notice of Intended Prosecution? A written Notice of Intended Prosecution will usually be issued in one of two circumstances. You can be convicted of careless driving. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. WebIf you want to appeal and go to court. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. What if more than one person could have been the driver? There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. The Notice is simply what the name suggests. They mean two things: the police want to prosecute the driver of a vehicle for a driving offence; and the police want you to tell them who was driving. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. 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. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence Check that the notice contains your correct name, address and date of birth; 2. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. 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 police normally send the notice to the registered address of the vehicle according to DVLA records. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. It is possible that your car has been cloned. 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. 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. Requirement of warning etc. We have the highest satisfaction rating of any road traffic firm in the UK. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. This is usually determined by whether you have been stopped by the police or not. WebOnce a Notice of Intended Prosecution or a verbal NIP has been received (eg in the police car after being stopped) the driver has to wait upto six months from the issue of the NIP written or verbal and if contested six months from the last correspondence in which the court can pursue him. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. Additionally only the registered keeper requires to receive the warning within 14 days. Moreover you can only be successfully prosecuted if you are warned for the correct offence. The NIP should give sufficiently clear information to: So far as the location is concerned it is insufficient for example to simply state M53 or M53 Wirral but M53 near J4 southbound would probably be sufficient. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. That person should then identify you as the driver. In order to identify the driver committing the offence, police must also usually serve a Notice of Intended Prosecution to the registered keeper of the vehicle concerned within 14 days of the offence. 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 validity of a complaint depends upon a number of factors. WebThe types of offences that Operation Snap deals with generally have a 6 month time limit for prosecution. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 Can I be convicted of dangerous driving? In cases where injury or damage to property has occurred then the requirement for an NIP does not apply.We often advise clients to make no comment when questioned by the police, beyond the formal details, of name, address and sometimes, date of birth. It is for the accused to prove that he did not receive a warning (or the correct warning). Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. We are friendly and approachable. If the police only charged you with speeding and only warned you that you may be prosecuted for speeding then you cannot be convicted of dangerous driving. PROOF BEYOND A REASONABLE DOUBT. WebNotice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. If a driver fails to respond to such a requirement then he can still be charged with a contravention of section 172 which carries a punishment of 6 penalty points. If you cannot identify the driver, then you need to return the NIP with a covering letter either stating that: Make sure you send this response within the prescribed time limit & keep a copy of what you send. What is the charge? The name and address of the defendant. It is also know as a section 1 warning. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. You must comply with a NIP within 28 days. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. The Verbal Notice of Intended Prosecution. Contact us if you think it should be reopened. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. So, for example, someone is seen by civilians driving in an allegedly dangerous manner. However it is clear that something of real significance must occur. Some detailed information in respect of certain offences is contained in our learn more boxes below. But they are not usually sufficiently serious so as to invalidate the Notice. The flash of a GATSO camera in your rear view mirror is often the start of that sinking feeling that lets you know that your licence may be in jeopardy. It should also be noted that a section 1 warning does not require a particular form of words. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. 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. It is settled, therefore, that being charged with dangerous driving at the time of the incident will also fulfil the purpose of a section 1 warning. 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. ), Patterson Law Limited is a law firm authorised and regulated by the. he or she was in the country at the time of the offence; he or she has returned abroad or has gone abroad for an indefinite period; and. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. the offence of speeding) often cause a high degree of alarm. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. It is this person that must receive the warning within 14 days. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. 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. On the other hand, if you are warned for dangerous driving, this will suffice. 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 can only be issued at the time of the offence. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Does the Crown need to prove they sent a Notice of Intended Prosecution? If another driver is Apart from the available photographic evidence which may immediately show that you could not have been the driver, Police have recently started using mobile phone masts to establish the location of an individuals phone when the alleged offence was committed. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. If the company fails to respond it cannot be subject to penalty points as only private individuals can have driving licences. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. Therefore, it is important to make sure that the address on your licence & the address DVLA have for any vehicle registered to you is current. 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 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. (4) Schedule 1 to this Act shows the offences to which this section applies. 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. The most common offences for which a warning is required are: Some common offences which do not require a Notice of Intended Prosecution include: A section 1 warning takes two main forms oral or written. A Section 1 warning is not required for every alleged road traffic offence. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Their phone lines are closed and I can't speak to anyone via 101. 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. When you If you have received this email in error, please notify Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention ofsection 2orsection 3of the Road Traffic Act 1988. 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. In those circumstances a verbal warning will not suffice. If you think any errors in relation to your details are important, get professional advice. A written Notice of Intended Prosecution must include the nature of the alleged offence and the date and place it was alleged to have been committed. The police normally serve the initial NIP and requirement for identity of the driver on a limited company if it is the registered keeper of the vehicle. The Notice is simply what the name suggests. do nothing at all & make no written response; or, return it validly completed but outside the prescribed time limit; or, the additional offence of failing to comply with the NIP. 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. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. 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 North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. Finally we deal with some frequently asked questions. 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. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. 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. 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. The civilians report the matter to the police who visit the accused 10 days later. WebCompleting your form If you have received what people commonly call a 'speeding ticket', you will have had a 'Notice of Intended Prosecution' letter from Warwickshire Police. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). In the event that the Procurator Fiscal's office seek to start proceedings in the absence of a timeous NIP (Notice of Intended Prosecution) then the driver MAY have a defence in terms of, A person charged with Dangerous Driving in Scotland cannto be convicted unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. A 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. Finally we deal with some frequently asked questions. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The Notice is simply what the A Section 1 warning is not required for every alleged road traffic offence. Successfully defending a charge of Speeding in Scotland is a technical job and it needs someone with the knowledge, experience and court craft to win.The NIP can be issued verbally by police officers if you have the misfortune of being stopped by the Police at the time.
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