WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. The deadline to respond is today. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. WebCompleting your form If you have received what people commonly call a 'speeding ticket', you will have had a 'Notice of Intended Prosecution' letter from Warwickshire Police. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. The driver has left the country. This is done by issuing a Notice of Intended Prosecution (NIP). 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. 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 However it is clear that of real significance must occur and, often, near misses may constitute accidents. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. There may be a further delay before you receive them. Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. 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. If another driver is 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. The police will often do both. Yes, subject to certain exceptions. The warning at the time does not require a specific form of wording so long as the meaning is clear. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. I was warned for speeding. Failure to do this is an offence in itself. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. What happens if I knowingly provide false information as to who was driving? Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. a red light); use of mobile phone while driving or dangerous driving. Here's a list of what you need to do: 1. WebA Notice of Intended Prosecution must be sent within 14 days of the alleged offence (or in some instances of the offence coming to the attention of the police). The first notice must be sent to the registered keeper of the vehicle Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. It is for the accused to prove that he did not receive a warning (or the correct warning). 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. I was stopped by the police but haven't received my written warning. Am I disqualified from driving if I receive a Notice of Intended Prosecution? 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: WebNotice of Intended Prosecution Help. But most Police forces do so. I've been away from home for the past 4 weeks. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. What exactly is a NIP? Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. 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. 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. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. Common offences that require an NIP on the NIP offences list are; Speeding, careless driving and dangerous driving as well as traffic signal / sign offences. No. When is a Notice of Intended Prosecution deemed Served? 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. 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. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. When you receive it, you'll notice that the process can be confusing. WebCriminal Forms. Trustpilots top-rated road traffic law specialist, In 2001, I established the first firm in Scotland to dedicate itself to the specialisation of road traffic law, Graham Walker, founder of Roadtrafficlaw.com Ltd. For peace of mind contact us today. 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 law provides that a warning for the lesser counts as a warning for the greater. The NIP and the requirement to identify the driver are often contained in the same letter. The warning at the time does not require a specific form of wording so long as the meaning is clear. The two issues, although contained in the same letter and relating to the same incident, are quite separate. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. 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. 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 Finally we deal with some frequently asked questions. There is no requirement for a warning if there has been an accident, for example, or the police failure is due to deliberate evasion on your part. The first, and most usual, is where a motorist has been captured by a speed camera. 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. Within the same letter will be a requirement to identify the driver. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. 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. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. It is a warning that you may be prosecuted for a certain offence or offences. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. It can only be issued at the time of the offence. 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. (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. 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. 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. 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. Typographical errors are excusable. the offence of speeding) often cause a high degree of alarm. In criminal cases, the burden is usually on the prosecution to satisfy the court of a fact beyond reasonable doubt or to put it another way, so that the court is sure. The response form included is for the requirement, not the Notice. 2.01. This article will guide you through the most important things you need to know about a Notice of Intended Prosecution, and how you can properly deal with it. 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. 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. The time limit for an oral warning is strict. The time limit for an oral warning is strict. 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. 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. However it is clear that something of real significance must occur. The key point is whether the proceedings were issued in time. The Notice is simply what the name suggests. 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. If convicted, the company can only face a financial penalty. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. The requirement is to provide those details within 28 days. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. As amended through January 27, 2023. 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 NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. If you have received this email in error, please notify THE RULE IN PRACTICE. that there are exceptions to this rule. Can the NIP be issued to a limited company? 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. WebA 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. You must report the collision no matter who was at fault. This stems from the fact that a Notice of Intended Prosecution is sent under. 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. 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. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). Telephone: (214) 653-7307. One will suffice. Failure to provide such information constitutes a separate offence. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. This is usually determined by whether you have been stopped by the police or not. 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. 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 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. 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. See the learn more section for more details. Posting the notice within 14 days In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. 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. The registered keeper is the person listed by DVLA . In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. Common Or call our helpline: 01752 487701. ), Patterson Law Limited is a law firm authorised and regulated by the. They do not, however, require to do both. The first, and most usual, is where a motorist has been captured by a speed camera. 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. For example, if there is no record of the registered keeper on the DVLA database it may not be possible for the police to send the letter out in time, Fixed penalty offer of 3 points and 100.00 fine, Court proceedings by way of Single Justice Procedure (SJPN) or postal requisition. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. Get the right support and representation at the earliest opportunity! 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. 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. 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. You legal obligation to respond applies irrespective of time limits or whether you were the driver. 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. 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. WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. Enforcement procedure A Section 1 warning is not required for every alleged road traffic offence. 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. A Section 1 warning is not required for every alleged road traffic offence. 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. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. 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 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.