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. What if I do not know who the driver was? Sec. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. You should contest the charge & hopefully be able to evidence that neither you nor your car were at the location where the alleged offence occurred. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. Notice of Intended Prosecution NOIP | Metropolitan Police WebPENAL CODE. 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. 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. 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. For example, if you lease your car, the lessor will be the registered keeper. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. 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 Finally we deal with some frequently asked questions. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face If you have received this email in error, please notify Notice of Intended Prosecution (4) Schedule 1 to this Act shows the offences to which this section applies. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. The Notice is simply what the name suggests. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. You can phone us on 0151 601 3743. There may be a further delay before you receive them. 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 therefore important that you do comply with a NIP especially if you were not the driver at the time an offence was committed. 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. 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 Notice of Intended Prosecution Enforcement procedure But dont take our word for it. 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. 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. Speeding The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. for Notices of Intended Prosecution This is made clear in. 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. On the other hand, if you are warned for dangerous driving, this will suffice. Notice of Intended Prosecution (NIP) - Road Traffic 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. That person should then identify you as the driver. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. The Police are not under a duty to send reminders. If you think any errors in relation to your details are important, get professional advice. Yes. The warning at the time does not require a specific form of wording so long as the meaning is clear. The response form included is for the requirement, not the Notice. 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. This could have major repercussions for you. 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. 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. 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. I suspect it is a scam. 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. It is this person that must receive the warning within 14 days. What exactly is a NIP? This position is based upon our outstanding track record and commitment to client care. 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. 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. Some detailed information in respect of certain offences is contained in our learn more boxes below. the offence of speeding) often cause a high degree of alarm. The police will often do both. Contained within the same letter is a requirement to identify the driver. The warning at the time does not require a specific form of wording so long as the meaning is clear. Notice of Intended Prosecution The Verbal Notice of Intended Prosecution. Notice of Intended Prosecution One will suffice. 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. 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. The matter will be referred to the magistrates court if you ignore the notice. Here's a list of what you need to do: 1. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. What happens if I do not comply with a NIP? References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. The main exception is if there is an accident. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. 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. This could be money spent on petrol, refreshments etc. Advice for motorists who have received notices of intended prosecution. One will suffice. Make a note of when and where you posted it; 7. 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. WebThe purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still 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. INTRODUCTORY PROVISIONS. The civilians report the matter to the police who visit the accused 10 days later. In those circumstances there is no need for a warning. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. They do not, however, require to do both. It should also be noted that the burden of proof lies with the accused. Call us at 0151 601 3743 and get a free initial consultation. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988which provides: (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and placewhere it is alleged to have been committed, was(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.1A) A notice required by this section to be served on any person may be served on that person(a) by delivering it to him;(b) by addressing it to him and leaving it at his last known address; or(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. Motoring Offences Does it matter that my is spelled incorrectly? 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. 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. Police 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. Notice of intended prosecution What can I do? Information Guide for how to deal with a Notice of Intended But they are not usually sufficiently serious so as to invalidate the Notice. Again, remember to take off the day of the alleged offence. 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. It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. This is done by issuing a Notice of Intended Prosecution (NIP). If you have received this email in error, please notify the sender and delete it from your system. From feedback we have received, our clients are not always sure if they have been issued with such a warning. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of, Finally, it is very important to note that a late Notice of Intended Prosecution, 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. We have found that the written warnings received by drivers caught on speed camera (i.e. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. Sharing dashcam footage In those circumstances a verbal warning will not suffice. 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. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. It can be in oral or written form. In the vast majority of cases, such a prosecution will not happen. 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. 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. This is perfectly competent but it can also create confusion. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. 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 WebThe types of offences that Operation Snap deals with generally have a 6 month time limit for prosecution. From feedback we have received, our clients are not always sure if they have been issued with such a warning. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? The civilians report the matter to the police who visit the accused 10 days later. The Notice of Intended Prosecution (NIP) will ask the registered keeper of the vehicle to name the driver or rider at the time of the alleged offence; theyll be the same person or a family member in most cases, but sometimes it wont be so straightforward, and itll be an unknown friend of a friend. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. As amended through January 27, 2023. Operation Snap RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? 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. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. These forms are provided for the "Failure to provide", attracts a 6 penalty point endorsement. A Section 1 warning is not required for every alleged road traffic offence. The information is intended to provide a basis for understanding the legislation. 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. 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. This is perfectly competent but it can also create confusion. It can only be issued at the time of the offence. How long do the Police have to issue proceedings? a red light), careless driving, dangerous driving or using a mobile phone whilst driving. Police 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. 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 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. Metropolitan Police It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. We use cookies to help improve your experience and our services. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. But most Police forces do so. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. The case has been brought against the person named here. If convicted, the company can only face a financial penalty. The information provided on this website is true and accurate to the best of our knowledge and belief. 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 Registered Keeper of the vehicle. 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. WebIf you've been caught speeding by a speed camera, or you've been stopped by the police, you'll be sent a Notice of Intended Prosecution and a Section 172 Notice within 14 days. The purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory. I was warned for speeding. 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. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. Notice of Intended Prosecution You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. We are friendly and approachable. 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. WebCriminal Forms. In those circumstances a verbal warning will not suffice. In the vast majority of cases, such a prosecution will not happen. Who is the registered keeper of a vehicle? 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. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. This satisfies the Notice of Intended Prosecution rules. 2023 Continuing Professional Training - Ohio Attorney General 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. See the learn more section for more details. WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). 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. What Is A Notice Of Intended Prosecution? What if I moved house and didn't receive the NIP? 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. These rules apply irrespective of the alleged offence. Typographical errors are excusable. 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. 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: It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. I have got a fixed penalty notice but I cannot afford to pay the whole amount. 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. 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. It is another matter, however, if your name is completely incorrect. 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. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. What should I do? In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The requirement is to provide those details within 28 days. Questions | West Yorkshire Police 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.