There is no legal obligation to respond to a Notice of Intended Prosecution. 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 If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. that there are exceptions to this rule. Their phone lines are closed and I can't speak to anyone via 101. Notices of Intended Prosecution (NIP WebOnce a Notice of Intended Prosecution or a verbal NIP has been received (eg in the police car after being stopped) the driver has to wait upto six months from the issue of the NIP written or verbal and if contested six months from the last correspondence in which the court can pursue him. 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. A motorist caught on speed camera should receive a written warning, for example. Sharing dashcam footage 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. I got back last night and only saw the letter today. 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. NIP (notice of intended prosecution) and (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. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. If another driver is 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. It should also be noted that a section 1 warning does not require a particular form of words. of prosecutions for certain offences. need to be a collision or damage. 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. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of section 2 or section 3 of the Road Traffic Act 1988. The Notice is simply what the name suggests. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. The limited company is then under the same obligations as an individual so far as the NIP is concerned. 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. However it is clear that of real significance must occur and, often, near misses may constitute accidents. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. 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. This offence carries 6 penalty points on conviction, which is a higher penalty for most offences in relation to which the NIP has been issued. If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. This could have major repercussions for you. 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. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. The civilians report the matter to the police who visit the accused 10 days later. No. NDAs and the Public Interest a beginners guide for Matt Such a subsequent warning must be delivered (a) within 14 days (which would be fulfilled in this example) and (b) must be in writing (which would not). It is all we do every day nothing else making us a leader in our field. 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. Advice for motorists who have received notices of intended prosecution. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. 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. 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 time limit for an oral warning is strict. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. In those circumstances a verbal warning will not suffice. The main exception is if there is an accident. 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. In those circumstances a verbal warning will not suffice. 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. For example, if you lease your car, the lessor will be the registered keeper. 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. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. This is made clear in. If there is also a requirement to identify the driver you still need to respond to this. What is the charge? The Police are not under a duty to send reminders. 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. Speeding | Metropolitan Police In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. When you Requirement of warning etc. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible for Notices of Intended Prosecution Finally we deal with some frequently asked questions. A Section 1 warning is not required for every alleged road traffic offence. failing to conform with a traffic signal (eg. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. Speeding penalties - GOV.UK If it was the other way around, however, you could only be convicted of careless driving. Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. WebA 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. 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 process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. They do not, however, require to do both. prosecuted from dash-cam footage I have got a fixed penalty notice but I cannot afford to pay the whole amount. Notice of Intended Prosecution The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. It is another matter, however, if your name is completely incorrect. This is perfectly competent but it can also create confusion. 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. However it is clear that something of real significance must occur. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. Why So Much Free Information Whats The Catch? 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 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. 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. 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. You have to personally complete, sign and post it. The time limit for a written warning is 14 days from the date of the offence. 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. What can I do? It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. In the vast majority of cases, such a prosecution will not happen. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. It should also be noted that the burden of proof lies with the accused. Youll find information about the offence in the notice. The police will often do both. (4) Schedule 1 to this Act shows the offences to which this section applies. 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. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. You can phone us on 0151 601 3743. If you admit to being the driver it does not necessarily follow that you accept having committed the offence as the police will still be required to prove all other aspects of the offence. 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.
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