We have the highest satisfaction rating of any road traffic firm in the UK. You can phone us on 0151 601 3743. A. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. 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 All persons are We discuss the issue of the Section 1 warning relative to these three offences in more detail below. If there is also a requirement to identify the driver you still need to respond to this. 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. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. 2023 Notice of Intended Prosecution.org, Schedule 1 of the Road Traffic (Offenders) Act 1988, Careless Driving (Road Traffic Act 1988, section 3), Dangerous Driving (Road Traffic Act 1988, section 2), Speeding (various sections of the Road Traffic Regulation Act 1984), Failing to comply with traffic signs (Road Traffic Act 1988, section 36), Drink Driving (Road Traffic Act 1988, section 5), Failure to Provide a Sample (Road Traffic Act 1988, section 7), Causing death by dangerous or careless driving (Road Traffic Act 1988, sections 1 and 2B), Using a vehicle in a dangerous condition (Road Traffic Act 1988, section 40A), Driving while using a mobile phone (Road Traffic Act 1988, section 41D). If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. 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. The Notice is simply what the name suggests. Vasilica provided a validly completed NIP as soon as was reasonably practicable but, outside the prescribed time limit & that it was reasonable for you to be late in replying; were unable to identify the driver or potential drivers despite making all reasonable enquiries as to who that might be. 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. Can the NIP be issued to a limited company? 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. It is for the accused to prove that he did not receive a warning (or the correct warning). In those circumstances there is no need for a warning. If you are being asked to name the driver, you should provide the details of the person you believe was driving. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 1 Road Traffic Offenders Act 1988. They are normally sent out when there is about 7 days of the original time limit remaining. The information is intended to provide a basis for understanding the legislation. However there IS a legal obligation to respond to a requirement to identify the driver. 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. ), Patterson Law Limited is a law firm authorised and regulated by the. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. I have received an endorsable fixed penalty ticket and need to send my licence off but I am going on holiday and need my licence. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. 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. 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. You will be regarded as not having complied with a NIP if you: If you were the registered keeper of the vehicle & are regarded by the Police as not having complied with the NIP you are usually charged with; We offer a free initial consultation, no matter what type of driving offence charge you are facing. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The police will often do both. It is a warning that you may be prosecuted for a certain offence or offences. Finally we deal with some frequently asked questions. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. 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. I got back last night and only saw the letter today. Within the same letter will be a requirement to identify the driver. 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. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. This offence carries 6 penalty points on conviction, which is a higher penalty for most offences in relation to which the NIP has been issued. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The police will often do both. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. The time limit for an oral warning is strict. WebIf a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. What if it was not my car caught by the camera? It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. If the police have stopped you at the roadside and charged you with one of the above offences it is likely you will receive a verbal section 1 warning. Although a certain latitude can be allowed, significant errors as to time and/or place can potentially mean the Notice is invalid and cannot be relied upon by the prosecution. WebPENAL CODE. We always advise that you should do everything you can to identify the driver and provide all the information to the police that you have (including names and addresses of potential drivers). 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. 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. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. Only that person can respond. The validity of a complaint depends upon a number of factors. As amended through January 27, 2023. Check that the notice contains your correct name, address and date of birth; If the details are incorrect or, out of date then put the correct details in your reply; Make a note of when and where you posted it; If you have an option to reply electronically or, online then that is a better course of action. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. You must report the collision no matter who was at fault. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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. 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. 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 such a situation, if you were driving and wish to challenge the allegation the best course of action will almost certainly be to confirm that you were the driver and to elect for the matter to be subject to Court proceedings. 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. that there are exceptions to this rule. Does the Crown need to prove they sent a Notice of Intended Prosecution? It is therefore important that you do comply with a NIP especially if you were not the driver at the time an offence was committed. A Director or, possibly a Fleet Manager should complete & return the NIP identifying the driver making it clear that they have authority to do so. Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. Why So Much Free Information Whats The Catch? For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. WebNotice of Intended Prosecution NOIP | Metropolitan Police Notice of Intended Prosecution NOIP Freedom of information request reference no: 01.FOI.22.023001 I If you have received a Notice of Intended Prosecution (NIP) we know that you will be worried and you will want to check whether or not it is legally compliant with the requirements of Section 1 Road Traffic Offenders Act 1988. Points are relevant from date of offence to date of offence for any speeding charge. You will receive the NIP within 14 days after the alleged crime. Enforcement procedure 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. 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. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. 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. This position is based upon our outstanding track record and commitment to client care. This stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. These rules apply irrespective of the alleged offence. (4) Schedule 1 to this Act shows the offences to which this section applies. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. The first notice must be sent to the registered keeper of the vehicle 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. 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. 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. 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). If you want to appeal you have to go through the court, not the police. Here's a list of what you need to do: 1. 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. 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. Who is the registered keeper of a vehicle? WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). This is made clear in, 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. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. I got a letter from the Met Police saying someone driving what looks like our car broke the speed limited in North London - 20 miles away from where we live. If the details are incorrect or, out of date then put the correct details in your reply; 5. 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 Check that the notice contains your correct name, address and date of birth; 2. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . Research shows that this is one of the fastest growing types of motor-related crime. The civilians report the matter to the police who visit the accused 10 days later. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. 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 section 1 of the Road Traffic (Offenders) Act 1988. If you have received this email in error, please notify Common Or call our helpline: 01752 487701. The warning at the time does not require a specific form of wording so long as the meaning is clear. WebThe Ohio Attorney Generals Office and the Ohio Peace Officer Training Academy launched a $15 million pilot program to help fund continuing professional training (CPT) for law enforcement officers in 2022, per the biennial operating budget passed by the Ohio General Assembly in summer 2021. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. Please note that this includes being given a verbal Notice of Intended Prosecution by a Police Officer on being stopped at the time of the alleged offence. CHAPTER 2. What if I moved house and didn't receive the NIP? This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. WebIf you want to appeal and go to court. The NIP and the requirement to identify the driver are often contained in the same letter. How long do the Police have to issue proceedings? They do not, however, require to do both. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. Given that it is deemed served 2 days after it was posted (using first class post), this means that a NIP posted on July 1st will be deemed served on July 3rd & must be complied with by July 31st. 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. The civilians report the matter to the police who visit the accused 10 days later. For example, if you lease your car, the lessor will be the registered keeper. Any action taken at this delicate stage is essential to your chances of avoiding or minimising penalty points in the future. 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. Seek legal advice straight away. The Police are not under a duty to send reminders. These forms are provided for the It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 2.01. The matter will be referred to the magistrates court if you ignore the notice. The information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. I suspect it is a scam. That person should then identify you as the driver. Does it matter that my is spelled incorrectly? the offence of Speeding in Scotland) often cause a high degree of alarm. 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. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence TITLE 1. etc. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. However it is clear that of real significance must occur and, often, near misses may constitute accidents. 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. If a NIP is sent by first class post it is deemed served 2 days after it was posted irrespective of the fact that it went to an address provided by DVLA that is no longer current for you. The notice is issued by the police in motoring cases. 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. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. That person should then identify you as the driver. 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.
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