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. You may then be well advised to liaise with DVLA on getting a new registration plate. The time limit for an oral warning is strict. Are there any defences to not complying with a NIP? We use cookies to help improve your experience and our services. The matter will be referred to the magistrates court if you ignore the notice. 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. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. It is another matter, however, if your name is completely incorrect. 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. Call us at 0151 601 3743 and get a free initial consultation. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. 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 letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland 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. This happens more often than you think. The first notice must be sent to the registered keeper of the vehicle The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. Some detailed information in respect of certain offences is contained in our learn more boxes below. In order to identify the driver committing the offence, police must also usually serve a Notice of Intended Prosecution to the registered keeper of the vehicle concerned within 14 days of the offence. 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. It is this person that must receive the warning within 14 days. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. If the police receive an admission from the person to whom the NIP has been issued that they were driving at the time of the offence there are three ways the matter can be progressed: If the offer of a speed awareness course is refused, the driver may accept a fixed penalty if one is available or alternatively they may elect to undergo Court proceedings. A warning for careless driving will not suffice in respect of a subsequent prosecution for dangerous driving in Scotland as the latter is a more serious charge than the former. Its important to check your records for any penalty points on your driving licence. The NIP is simply what the name suggests. The Laws of Noise An One will suffice. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. See our independent TrustPilot reviews. 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. 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 give you an idea where the offence took place and which court area will be dealing with the case. It should also be noted that the burden of proof lies with the accused. (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. This stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. Can the NIP be issued to a limited company? WebWhat is a notice of intended prosecution? a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. 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. This is because dangerous driving and careless driving are statutory alternatives by virtue of. 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, 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. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. 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. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . You must comply with a NIP within 28 days. Points are relevant from date of offence to date of offence for any speeding charge. 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. What is the charge? When is a Notice of Intended Prosecution deemed Served? Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. People who share the use of a car & receive a NIP may have a conversation as to who has the least points & who should admit being the driver when the offence was committed. Typographical errors can generally be disregarded, however more fundamental errors can bring the case to an abrupt end if challenged at the correct stage of proceedings. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. Finally we deal with some frequently asked questions. What exactly is a NIP? Does the Crown need to prove they sent a Notice of Intended Prosecution? The main exception is if there is an accident. The messages are certainly of interest to the public and, given the insights they provide into how government (and the media) dealt with the pandemic That person should then identify you as the driver. Where did it happen? There is no legal obligation to respond to a Notice of Intended Prosecution. Here's a list of what you need to do: 1. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible 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. It can be in oral or written form. INTRODUCTORY PROVISIONS. 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. Advice for motorists who have received notices of intended prosecution. Moreover you can only be successfully prosecuted if you are warned for the correct 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 The Notice is simply what the name suggests. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. 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. Our founder Mr Walker has been invited to provide member training for the Law Society of Scotland, Glasgow Bar Association, The Royal Faculty of Procurators, and Scottish courts. THE RULE IN PRACTICE. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The information provided on this website is true and accurate to the best of our knowledge and belief. Make a note of when and where you posted it; 7. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. 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. The offences to which it applies are found in. 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. In cases where injury or damage to property has occurred then the requirement for an NIP does not apply.We often advise clients to make no comment when questioned by the police, beyond the formal details, of name, address and sometimes, date of birth. How long do the Police have to issue proceedings? 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. 2023 Notice of Intended Prosecution.org, Schedule 1 of the Road Traffic (Offenders) Act 1988, Careless Driving (Road Traffic Act 1988, section 3), Dangerous Driving (Road Traffic Act 1988, section 2), Speeding (various sections of the Road Traffic Regulation Act 1984), Failing to comply with traffic signs (Road Traffic Act 1988, section 36), Drink Driving (Road Traffic Act 1988, section 5), Failure to Provide a Sample (Road Traffic Act 1988, section 7), Causing death by dangerous or careless driving (Road Traffic Act 1988, sections 1 and 2B), Using a vehicle in a dangerous condition (Road Traffic Act 1988, section 40A), Driving while using a mobile phone (Road Traffic Act 1988, section 41D). The civilians report the matter to the police who visit the accused 10 days later. 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. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. Therefore, it is rarely a good idea to ignore the NIP. If a "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. It is possible that your car has been cloned. It is for the accused to prove that he did not receive a warning (or the correct warning). (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. This is made clear in. You may have to go to Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? 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. In that time, I received a Notice of Intended prosecution for running a red light. 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. 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. However it is clear that of real significance must occur and, often, near misses may constitute accidents. 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. Am I disqualified from driving if I receive a Notice of Intended Prosecution? Yes. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. 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.