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. Check that the notice contains your correct name, address and date of birth; 2. 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. 2.01. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. One will suffice. 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. The time limit for an oral warning is strict. We have found that the written warnings received by drivers caught on speed camera (i.e. 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. Failure to do this is an offence in itself. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). 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 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. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. Failure to provide such information constitutes a separate offence. Seek legal advice straight away. There are a number of reasons why you may not have been issued a notice in the post within 14 days. 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. But they are not usually sufficiently serious so as to invalidate the Notice. The requirement is to provide those details within 28 days. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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 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. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. This happens more often than you think. 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. 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 NOIP | Metropolitan Police Notice of Intended Prosecution NOIP Freedom of information request reference no: 01.FOI.22.023001 I 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. 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. What is the charge? The police sometimes do not always use the words speeding or careless driving or dangerous driving. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. 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. What Is A Notice Of Intended Prosecution? Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. Where did it happen? Make a note of when and where you posted it; 7. 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. The NIP should be accurate. 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. In those circumstances there is no need for a warning. How long do the Police have to issue proceedings? See the learn more section for more details. What if I moved house and didn't receive the NIP? They are normally sent out when there is about 7 days of the original time limit remaining. These rules apply irrespective of the alleged offence. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. If you are caught doing this, you take the risk of an immediate prison sentence. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. I was stopped by the police but haven't received my written warning. Again, remember to take off the day of the alleged offence. that there are exceptions to this rule. 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 police will often do both. 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. 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. If you are being asked to name the driver, you should provide the details of the person you believe was driving. If you have received this email in error, please notify the sender and delete it from your system. In those circumstances a verbal warning will not suffice. It should also be noted that the burden of proof lies with the accused. I arrived home from work to a letter from the Metropolitan Police with a "NOTICE OF INTENDED PROSECUTION" Stating that "Under section 1 of the Road Traffic Offenders Act 1988, we intend to take proceedings against the driver of the following motor vehicle for the offence alleged below: 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. The first, and most usual, is where a motorist has been captured by a speed camera. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. 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. Points are relevant from date of offence to date of offence for any speeding charge. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. There is no legal obligation to respond to a Notice of Intended Prosecution. The law provides that a warning for the lesser counts as a warning for the greater. The main exception is if there is an accident. If there is also a requirement to identify the driver you still need to respond to this. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. 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 company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. 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 Who is the registered keeper of a vehicle? 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. WebPENAL CODE. Any action taken at this delicate stage is essential to your chances of avoiding or minimising penalty points in the future. Alternatively the matter may proceed straight to Court. WebIf you want to appeal and go to court. This is usually determined by whether you have been stopped by the police or not. What if I do not know who the driver was? That person should then identify you as the driver. You must still comply with a NIP received late & then argue the point when the case comes to Court. 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. 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. If you are a probationary driver & get 6 points for this offence your licence will be revoked. (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 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.