Get the right support and representation at the earliest opportunity! 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. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. Cars are cloned more often than you might imagine. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. 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. 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. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. Common (4) Schedule 1 to this Act shows the offences to which this section applies. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. It is also know as a section 1 warning. Does the Crown need to prove they sent a Notice of Intended Prosecution? The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. Some detailed information in respect of certain offences is contained in our learn more boxes below. The first, and most usual, is where a motorist has been captured by a speed camera. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. Research shows that this is one of the fastest growing types of motor-related crime. 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. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The police normally send the notice to the registered address of the vehicle according to DVLA records. a red light), careless driving, dangerous driving or using a mobile phone whilst driving. 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. A case may be dismissed for want of prosecution on Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 1 Road Traffic Offenders Act 1988. 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 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. A. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. 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 PROOF BEYOND A REASONABLE DOUBT. Remember that this offence carries a significant 6 point penalty! They do not, however, require to do both. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. Check that the notice contains your correct name, address and date of birth; 2. The response form included is for the requirement, not the Notice. However it is clear that of real significance must occur and, often, near misses may constitute accidents. Failure to provide such information constitutes a separate offence. CHAPTER 2. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 What exactly is a NIP? The time limit for a written warning is 14 days from the date of the offence. The fact that you disagree with the allegation does not mean that you are entitled to withhold information in relation to the identity of the driver if it is required. WebFor certain road traffic offences the driver must be given a warning that he faces 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. This is usually determined by whether you have been stopped by the police or not. 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. WebThe first indication a vehicle has been involved in a road traffic offence is the receipt by the registered keeper of a Notice of Intended Prosecution (NIP), combined with a requirement to provide details of the driver. 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 important to make sure that the address on your licence & the address DVLA have for any vehicle registered to you is current. It is for the accused to prove that he did not receive a warning (or the correct warning). 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. Under s1 Road Seek legal advice straight away. North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. of prosecutions for certain offences. 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. What is the charge? It will give you an idea where the offence took place and which court area will be dealing with the case. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. This depends. WebNotice of Intended Prosecution - Alleged driving without due care and attention Ive got home from work today and have received a notice of intended prosecution from West Mercia Police. Near misses may constitute accidents but it will depend on the precise nature of the event. 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. 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. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. Posting the notice within 14 days If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. Am I disqualified from driving if I receive a Notice of Intended Prosecution? That person should have the V5C document for the vehicle. It should also be noted that the burden of proof lies with the accused. The information provided on this website is true and accurate to the best of our knowledge and belief. 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. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. The civilians report the matter to the police who visit the accused 10 days later. We are friendly and approachable. 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. In that time, I received a Notice of Intended prosecution for running a red light. Finally, it is very important to note that a late Notice of Intended Prosecution in no way removes 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. Therefore the knowledge of an experienced solicitor is invaluable at this stage.The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. Finally we deal with some frequently asked questions. (4) Schedule 1 to this Act shows the offences to which this section applies. 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. As an example, a speed of 95mph or more in a 70mph zone will generally always result in an SJPN being issued as this is speed too high for either a Speed Awareness Course or offer of a fixed penalty. The police must serve the notice on either the driver or the registered keeper. On the other hand, if you are warned for dangerous driving, this will suffice. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. 1.Failure to Appear. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. We always advise that you should do everything you can to identify the driver and provide all the information to the police that you have (including names and addresses of potential drivers). 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. 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. This is perfectly competent but it can also create confusion. 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. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. The first, and most usual, is where a motorist has been captured by a speed camera. The offences to which it applies are found in. The warning at the time does not require a specific form of wording so long as the meaning is clear. 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. 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. It is settled, therefore, that being charged with dangerous driving at the time of the incident will also fulfil the purpose of a section 1 warning. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. That person should then identify you as the driver. The police will often do both. 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. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. When you If it was the other way around, however, you could only be convicted of careless driving. 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. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. We are road traffic law experts. 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 (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. Additionally only the registered keeper requires to receive the warning within 14 days. 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. It is also know as a section 1 warning. 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. 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. A motorist caught on speed camera should receive a written warning, for example. You may then be well advised to liaise with DVLA on getting a new registration plate. Sec. WebPENAL CODE. The deadline to respond is today. 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. I have got a fixed penalty notice. The time limits are the same irrespective of the offence. WebA Notice of Intended Prosecution (NIP), also known as a Section 1 warning, is a warning issued under Section 1 of the Road Traffic (Offenders) Act 1988. I suspect it is a scam. 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 key point is whether the proceedings were issued in time. WebCriminal Forms. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences. 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. 2.01. 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 main exception is if there is an accident. You legal obligation to respond applies irrespective of time limits or whether you were the driver. It can be in oral or written form and we say more on this below. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. 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. It has to be sent within 14 days of detection of the alleged offence and has to specify: the nature of the alleged offence date and time the alleged offence happened the place the alleged offence happened. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. Again, remember to take off the day of the alleged offence. In those circumstances a verbal warning will not suffice. The time limit for an oral warning is strict. What can I do? the offence of Speeding in Scotland) often cause a high degree of alarm. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. In the vast majority of cases, such a prosecution will not happen. 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. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged 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. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. 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. I was stopped by the police but haven't received my written warning. The police will often do both. 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. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. The Notice is simply what the However it is clear that something of real significance must occur. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. Call us at 0151 601 3743 and get a free initial consultation. 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. It is a warning that you may be prosecuted for a certain offence or offences. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face In those circumstances there is no need for a warning. The purpose of the NIP is to ensure that sufficient notice is given to the registered keeper or the driver of the vehicle that they could be prosecuted whilst events are still fresh in their mind. 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. If you are also the registered keeper, this may well mean that you have a defence against the charge. The police sometimes do not always use the words speeding or careless driving or dangerous driving. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. This is because the letter usually also warns the driver that they may be prosecuted for dangerous driving or careless driving. A Section 1 warning is not required for every alleged road traffic offence. If another driver is Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . However, it does not have a driving licence so it cannot get points. 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. The Notice is simply what the name suggests. The driver has left the country. 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. If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. However, this does not apply to Do I need to respond to the Notice of Intended Prosecution if I wasn't the driver/if I received it outwith 14 days etc. For example, if you lease your car, the lessor will be the registered keeper. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. etc. 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. But dont take our word for it. 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. 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 civilians report the matter to the police who visit the accused 10 days later. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. the offence of speeding) often cause a high degree of alarm. 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. 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. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. If you have received this email in error, please notify Make a note of when and where you posted it; 7. But most Police forces do so. 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. If you have an option to reply electronically or, online then that is a better course of action. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. THE RULE IN PRACTICE. How long do the Police have to issue proceedings? 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. 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 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. The NIP is simply what the name suggests. 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. While this may seem a decision with no risk of repercussions, you cannot be certain of that.