Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. failing to conform with a traffic signal (eg. Our founder Mr Walker has been invited to provide member training for the Law Society of Scotland, Glasgow Bar Association, The Royal Faculty of Procurators, and Scottish courts. The Reminder does not extend the time for complying with the original Notice. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. The notice is designed only for you to confirm that you were the driver or, for you to identify one other person as being the driver. Its important to check your records for any penalty points on your driving licence. Only that person can respond. TITLE 1. For examaple the police may charge you with Speeding in Scotland but warn you that you could be prosecuted for careless or dangerous driving in Scotland. 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 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. 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. You will be regarded as not having complied with a NIP if you: The NIP should give sufficiently clear information to: The enquiries you should make of yourself & others include: Causing Death or Serious Injury By Dangerous Driving. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. The Notice is simply what the name suggests. What if I moved house and didn't receive the NIP? 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. 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. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. If, however, you are the registered keeper and you receive a written Section 1 warning after 14 days have elapsed then the prosecution against you may be fatally flawed. One will suffice. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. 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. Have you received a Notice of Intended Prosecution (NIP)? The most common offences for which a warning is required are: in Scotland(Road Traffic Act 1988, section 3), If the police have stopped you at the roadside and charged you with the offence of, , it is likely you will receive a verbal section 1 warning. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. 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. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. One will suffice. 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. The second is where the police have receive a report from a member of the public of a relevant offence or the police have witnessed an incident but not warned the driver at the time. You can be convicted of careless driving. When you If the vehicle was not stopped at the time it may be served by post on the registered keeper of the vehicle within 14 days. 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. WebPENAL CODE. 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 this person that must receive the warning within 14 days. Finally we deal with some frequently asked questions. Yes. 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. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. How long do the Police have to issue proceedings? 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. A warning for careless driving will not suffice in respect of a subsequent prosecution for dangerous driving in Scotland as the latter is a more serious charge than the former. You legal obligation to respond applies irrespective of time limits or whether you were the driver. The two issues, although contained in the same letter and relating to the same incident, are quite separate. You may then be well advised to liaise with DVLA on getting a new registration plate. 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. Requirement of warning etc. 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 also know as a section 1 warning. While a degree of latitude will be allowed, however, the evolution of the law makes clear that such warnings must be issued soon after the alleged offence 24 hours later, for example, will be too late. Can the NIP be issued to a limited company? 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. Why So Much Free Information Whats The Catch? The case has been brought against the person named here. Are there any defences to not complying with a NIP? The police must serve the notice on either the driver or the registered keeper. ), Patterson Law Limited is a law firm authorised and regulated by the. The time limits are the same irrespective of the offence. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. This is perfectly competent but it can also create confusion. If you are being asked to name the driver, you should provide the details of the person you believe was driving. Finally we deal with some frequently asked questions. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. 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. 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. The European Court of Human Rights decided that drivers do not have a right of silence and ARE required to answer the identity question in terms of Section 172 of the Road Traffic Act. 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. The response form included is for the requirement, not the Notice. What should I do? It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. I suspect it is a scam. The police normally send the notice to the registered address of the vehicle according to DVLA records. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. This is the name of the police force prosecuting you. If you think any errors in relation to your details are important, get professional advice. Near misses may constitute accidents but it will depend on the precise nature of the event. (2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. The photos provided show a car which is identical and with the same licence number. 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. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window), section 1 of the Road Traffic Offenders Act 1988, Schedule 1 of the Road Traffic (Offenders) Act 1988, Section 1 Warning - Careless Driving in Scotland, section 1 of the Road Traffic (Offenders) Act 1988, section 24 of the Road Traffic (Offenders) Act 1988, section 2 of the Road Traffic (Offenders) Act 1988, Section 1 Warning - Dangerous Driving in Scotland. It is for the defence to prove that the section has not been complied with. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. You can phone us on 0151 601 3743. We use cookies to help improve your experience and our services. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. 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. But dont take our word for it. However it is clear that of real significance must occur and, often, near misses may constitute accidents. 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. Moreover you can only be successfully prosecuted if you are warned for the correct offence. Typographical errors can generally be disregarded, however more fundamental errors can bring the case to an abrupt end if challenged at the correct stage of proceedings. It is a warning that you may be prosecuted for a certain offence or offences. 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. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. In those circumstances there is no need for a warning. the offence of speeding) often cause a high degree of alarm. You will receive the NIP within 14 days after the alleged crime. a red light); use of mobile phone while driving or dangerous driving. The police will often do both. 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. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. CHAPTER 2. The second is where the police have receive a report from a member of the public of a relevant offence or the police have witnessed an incident but not warned the driver at the time. 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. The civilians report the matter to the police who visit the accused 10 days later. Under this section, certain road traffic offences require the service of a Notice of Intended Prosecution (NIP) within 14 days of the date of the alleged offence. WebNotice of Intended Prosecution (NIP) Section 172 notice You must return the Section 172 notice within 28 days, telling the police who was driving the car. 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. What happens if I do not comply with a NIP? These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. A case may be dismissed for want of prosecution on BURDEN OF PROOF. 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. The enquiries you should make of yourself & others include: Document the enquiries you make especially if they were made by email so that you can demonstrate the lengths you went to, so as to identify the driver. If the registered keeper for a vehicle received a NIP more than 14 days after the offence was committed, then it should be invalid & any subsequent prosecution will have to be abandoned. Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. 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. RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? It should also be noted that a section 1 warning does not require a particular form of words. What happens if a limited company does not comply with a NIP? Enforcement procedure The matter will be referred to the magistrates court if you 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. 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. 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. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. I have got a fixed penalty notice. 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. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. Under s2 (1) Road Traffic Offenders Act 1988, if an accident has occurred this dispenses with the need to serve a notice of intended prosecution as the accident itself is deemed to put the driver on notice that they could be prosecuted. 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. 1.Failure to Appear. It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. On the other hand, if you are warned for dangerous driving, this will suffice. If you have received this email in error, please notify the sender and delete it from your system. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. Common There may be a further delay before you receive them. If you do not comply with a NIP & have no defence, your licence will be endorsed with 6 points & you will face a variety of financial penalties, including a fine. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. a red light), careless driving, dangerous driving or using a mobile phone whilst driving. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. If you are a probationary driver & get 6 points for this offence your licence will be revoked. If there is also a requirement to identify the driver you still need to respond to this. The notice is issued by the police in motoring cases. 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. It can be in oral or written form and we say more on this below. WebNotice of Intended Prosecution Help. The main exception is if there is an accident. A limited company facing this charge should seek legal advice as to how the failure to comply with the NIP can be explained & more importantly, what measures have been taken to avoid a recurrence. This could have major repercussions for you. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. 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. A. Points are relevant from date of offence to date of offence for any speeding charge. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. You must comply with a NIP within 28 days. The civilians report the matter to the police who visit the accused 10 days later. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. Seek legal advice straight away. Common offences that require an NIP on the The time limit for a written warning is 14 days from the date of the offence. The time limit for an oral warning is strict. It is a warning that you may be prosecuted for a certain offence or offences. PROOF BEYOND A REASONABLE DOUBT. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. The law surrounding careless driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. Near misses may constitute accidents but it will depend on the precise nature of the event. WebIf you have been caught speeding or have committed a traffic offence that has been caught on camera, then the police will serve a Notification of Intended Prosecution (NIP) together with a document known as a Section 172 notice. Failure to provide such information constitutes a separate offence. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. The limited company is then under the same obligations as an individual so far as the NIP is concerned. The validity of a complaint depends upon a number of factors. 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). What if more than one person could have been the driver? It should also be noted that a section 1 warning does not require a particular form of words. INTRODUCTORY PROVISIONS. 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 matter will be referred to the magistrates court if you ignore the notice. The requirement is to provide those details within 28 days. 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. 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. 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. 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. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. If a "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face 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. If you want to appeal you have to go through the court, not the police. What happens if I knowingly provide false information as to who was driving? You may have to go to It should also be noted that the burden of proof lies with the accused. Rule 165a - Dismissal for Want of Prosecution. 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. So, for example, someone is seen by civilians driving in an allegedly dangerous manner. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. Here's a list of what you need to do: 1. 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. The information is intended to provide a basis for understanding the legislation. need to be a collision or damage. While a degree of latitude will be allowed, however, the evolution of the law makes clear that such warnings must be issued soon after the alleged offence 24 hours later, for example, will be too late. The offences to which it applies are found in. This is done by issuing a Notice of Intended Prosecution (NIP). Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. It is also know as a section 1 warning. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. The warning at the time does not require a specific form of wording so long as the meaning is clear. From feedback we have received, our clients are not always sure if they have been issued with such a warning. 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. This does not invalidate the warning. 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. 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. 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. However, this does not apply to 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. You have to personally complete, sign and post it. We are road traffic law experts. Do I have to surrender both parts of my licence? For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. 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. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. If convicted, the company can only face a financial penalty. "Failure to provide", attracts a 6 penalty point endorsement. 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. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. Notice of intended prosecution Vasilica Ciobanu made this Freedom of Information request to Metropolitan Police Service (MPS) This request has been closed to new correspondence. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. Remember that this offence carries a significant 6 point penalty! The registered keeper is the person listed by DVLA . The first, and most usual, is where a motorist has been captured by a speed camera. The Laws of Noise An I have got a fixed penalty notice but I cannot afford to pay the whole amount. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. The Verbal Notice of Intended Prosecution. Their phone lines are closed and I can't speak to anyone via 101. 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. Can I be convicted of dangerous driving? 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. Examples of how this can happen include: In the above situations, the person who receives the NIP is expected to make all reasonable enquiries of those who could have been the driver to see if they can establish who the driver was. 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 See the learn more section for more details. Make a note of when and where you posted it; 7. There is no legal obligation to respond to a Notice of Intended Prosecution. The warning at the time does not require a specific form of wording so long as the meaning is clear. The information provided on this website is true and accurate to the best of our knowledge and belief. In road traffic cases, however, the accused person, if required under Section 172 of the Road Traffic Act 1988, is obliged to give information, within his knowledge about the identity of a driver of the vehicle involved in any such incidents.