If it was the other way around, however, you could only be convicted of careless driving. It should also be noted that the burden of proof lies with the accused. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. 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. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. It can be in oral or written form and we say more on this below. failing to conform with a traffic signal (eg. 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. 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. It is also know as a section 1 warning. You may then be well advised to liaise with DVLA on getting a new registration plate. This happens more often than you think. a red light); use of mobile phone while driving or dangerous driving. If you are caught doing this, you take the risk of an immediate prison sentence. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. A Section 1 warning is not required for every alleged road traffic offence. You can be convicted of careless driving. As amended through January 27, 2023. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. The main exception is if there is an accident. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? The offences to which it applies are found in. In those circumstances there is no need for a warning. Yes, subject to certain exceptions. A motorist caught on speed camera should receive a written warning, for example. Enforcement procedure However, it does not have a driving licence so it cannot get points. Under s1 Road 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. 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. I got a letter from the Met Police saying someone driving what looks like our car broke the speed limited in North London - 20 miles away from where we live. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. The police normally send the notice to the registered address of the vehicle according to DVLA records. Do I have to surrender both parts of my licence? 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. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. A. Youll find information about the offence in the notice. 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 ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. The first, and most usual, is where a motorist has been captured by a speed camera. Alternatively the matter may proceed straight to Court. The first notice must be sent to the registered keeper of the vehicle INTRODUCTORY PROVISIONS. What happens if I knowingly provide false information as to who was driving? However, if there was a number of possible drivers you should include in response the names, addresses and dates of birth of them all, explaining why you are not sure who the driver was. The civilians report the matter to the police who visit the accused 10 days later. A case may be dismissed for want of prosecution on The police will often do both. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. One will suffice. Are there any defences to not complying with a NIP? 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 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. 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. 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. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. 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. 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. This satisfies the Notice of Intended Prosecution rules. 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. 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. The civilians report the matter to the police who visit the accused 10 days later. It can only be issued at the time of the offence. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. In those circumstances a verbal warning will not suffice. A. It is for a speeding offence In those circumstances a verbal warning will not suffice. I have got a fixed penalty notice but I cannot afford to pay the whole amount. 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). 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. 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. CHAPTER 2. Again, remember to take off the day of the alleged offence. 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. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The V5C, or vehicle logbook is a legal document issued by DVLA outlining essential information about the car like: date it was first registered; manufacturer; colour; engine size; and name of registered keeper. This stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. 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. It should also be noted that the burden of proof lies with the accused. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. It is for the accused to prove that he did not receive a warning (or the correct warning). 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. If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. Contained within the same letter is a requirement to identify the driver. You legal obligation to respond applies irrespective of time limits or whether you were the driver. A Section 1 warning is not required for every alleged road traffic offence. 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. 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). This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. Call us at 0151 601 3743 and get a free initial consultation. If the offence requires a Notice of Intended Prosecution to be served, remember that the first NIP has to be received within 14 days of the alleged offence. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. WebThe types of offences that Operation Snap deals with generally have a 6 month time limit for prosecution. See the learn more section for more details. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. We have the highest satisfaction rating of any road traffic firm in the UK. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. 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 Yes. It will give you an idea where the offence took place and which court area will be dealing with the case. 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. However it is clear that of real significance must occur and, often, near misses may constitute accidents. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. Research shows that this is one of the fastest growing types of motor-related crime. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. Does it matter that my is spelled incorrectly? It is a warning that you may be prosecuted for a certain offence or offences. Vasilica The time limits are the same irrespective of the offence. Any action taken at this delicate stage is essential to your chances of avoiding or minimising penalty points in the future. The police sometimes do not always use the words speeding or careless driving or dangerous driving. Within the same letter will be a requirement to identify the driver. Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. Remember that this offence carries a significant 6 point penalty! 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. It should also be noted that the burden of proof lies with the accused. (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. This does not invalidate the warning. 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. Their phone lines are closed and I can't speak to anyone via 101. Its important to check your records for any penalty points on your driving licence. Near misses may constitute accidents but it will depend on the precise nature of the event. 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. These rules apply irrespective of the alleged offence. 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. It should also be noted that a section 1 warning does not require a particular form of words. 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. 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. 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. 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. It is for the accused to prove that he did not receive a warning (or the correct warning). 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. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. The key point is whether the proceedings were issued in time. 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 That person should then identify you as the driver. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. The registered keeper is the person listed by DVLA . This is perfectly competent but it can also create confusion. It can only be issued at the time of the offence. Some detailed information in respect of certain offences is contained in our learn more boxes below. However there IS a legal obligation to respond to 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. TITLE 1. It would be best to get legal advice as to the exact basis on which you are going to contest the charge & the evidence that you and/or others may have to give. 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. 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. What should I do? The Notice is simply what the name suggests. 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. If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. A NIP may be issued for example for the following motoring offences: It is vital that you deal with it correctly as it is very easy to get the procedure wrong. 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. Although a certain latitude can be allowed, significant errors as to time and/or place can potentially mean the Notice is invalid and cannot be relied upon by the prosecution. The warning at the time does not require a specific form of wording so long as the meaning is clear. This is made clear in. Check that the notice contains your correct name, address and date of birth; 2. The two issues, although contained in the same letter and relating to the same incident, are quite separate. 1.Failure to Appear. The requirement is to provide those details within 28 days. 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. But they are not usually sufficiently serious so as to invalidate the Notice. he or she has insurance to drive the vehicle at the time of the offence. It is a warning that you may be prosecuted for a certain offence or offences. In situations such as this, the authorities may request you to provide proof that: If you are unable to prove that the driver is insured, you may still be prosecuted for failure to furnish driver details or Permitting No Insurance. That person should have the V5C document for the vehicle. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. 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). They are normally sent out when there is about 7 days of the original time limit remaining. It is for the defence to prove that the section has not been complied with. 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: When you receive it, you'll notice that the process can be confusing. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. We are friendly and approachable. Here's a list of what you need to do: 1. The civilians report the matter to the police who visit the accused 10 days later. The time limit for a written warning is 14 days from the date of the offence. It is also know as a section 1 warning. that there are exceptions to this rule. What happens if I do not comply with a NIP? 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 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. 2.01. 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. So, for example, someone is seen by civilians driving in an allegedly dangerous manner. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. A Section 1 warning is not required for every alleged road traffic offence. 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. (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.