A. As you are liable for a 6-month driving ban under what is known as the totting up procedure when you reach 12 or more points, you do not want to get 6 points if you can avoid doing so. We use cookies to help improve your experience and our services. 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. Additionally only the registered keeper requires to receive the warning within 14 days. A notice of intended prosecution issued by post must identify the time, date, place and nature of the 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deemed served 2 days after it was posted irrespective of the fact that it went to an address provided by DVLA that is no longer current for you. The registered keeper has a separate legal obligation to ensure that this address is kept up to date and the NIP will be considered legally served if sent to the address recorded on the registration certificate (log book) for the vehicle. How long do the Police have to issue proceedings? THE RULE IN PRACTICE. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. However it is clear that something of real significance must occur. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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. 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. 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. Alternatively the matter may proceed straight to Court. 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. You may have to go to This is the name of the police force prosecuting you. 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: However it is clear that of real significance must occur and, often, near misses may constitute accidents. 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 Notice is simply what the name suggests. It is for the accused to prove that he did not receive a warning (or the correct warning). Some detailed information in respect of certain offences is contained in our learn more boxes below. Webaction will be taken and a Notice of Intended Prosecution issued to the alleged perpetrator (which will happen without the reporting person being contacted); or; only in the unlikely event of the matter going to court will the reporting person need to be contacted; Penalties. If it is served by post it should contain the following details: There are some exceptions to the rule that a notice must be served within 14 days of an alleged offence. 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. 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. 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. If another driver is 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. You may then be well advised to liaise with DVLA on getting a new registration plate. The main exception is if there is an accident. (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. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. When you etc. You must report the collision no matter who was at fault. of prosecutions for certain offences. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. The deadline to respond is today. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. 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 Cloning happens when someone uses the same number plate that is registered to your car to avoid paying fines, road tax, insurance or engage in criminal activity. The response form included is for the requirement, not the Notice. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. What should I do? The photos provided show a car which is identical and with the same licence number. 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. It is for the accused to prove that he did not receive a warning (or the correct warning). 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. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. 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. 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. 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. Therefore, it is not normally a defence to fail to respond to a requirement for driver details if it was served on the old address but not received due to the fact that the vehicles registered address was not kept up to date. It is possible that your car has been cloned. (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 place where 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. If there is also a requirement to identify the driver you still need to respond to this. 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. 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. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. The validity of a complaint depends upon a number of factors. It will give you an idea where the offence took place and which court area will be dealing with the case. 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. WebThe types of offences that Operation Snap deals with generally have a 6 month time limit for prosecution. Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. (4) Schedule 1 to this Act shows the offences to which this section applies. If no formal notice, termed a Notice of Intended Prosecution, is received by the registered keeper within 14 days then you can stop worrying as the registered keeper is required to receive such a notice within 14 days of the alleged contravention. In the vast majority of cases, such a prosecution will not happen. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. If you have an option to reply electronically or, online then that is a better course of action. It is this person that must receive the warning within 14 days. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. 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. WebWhat is a notice of intended prosecution? 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. We are invited, founder members of the Association of Motor Offence Lawyers. It is for the accused to prove that he did not receive a warning (or the correct 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. 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. (3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved. 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. This is usually determined by whether you have been stopped by the police or not. that there are exceptions to this rule. 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 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. WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences. Finally we deal with some frequently asked questions. 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. 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. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. 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. Who is the registered keeper of a vehicle? 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. 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. (3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved. In those circumstances a verbal warning will not suffice. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. We have found that the written warnings received by drivers caught on speed camera (i.e. If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. They do not, however, require to do both. It is a warning that you may be prosecuted for a certain offence or offences. No. 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. 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. 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.