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. You may then be well advised to liaise with DVLA on getting a new registration plate. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. This does not invalidate the warning. If you were stopped by the police it may have been given verbally. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The police will often do both. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. When is a Notice of Intended Prosecution deemed Served? The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. A 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 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. That person should then identify you as the driver. (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. There is no legal obligation to respond to a Notice of Intended Prosecution. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. If you think any errors in relation to your details are important, get professional advice. 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). Where did it happen? The first, and most usual, is where a motorist has been captured by a speed camera. 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 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 The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. It is a warning that you may be prosecuted for a certain offence or offences. 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. It is also know as a section 1 warning. Can the NIP be issued to a limited company? A Section 1 warning is not required for every alleged road traffic offence. That person should have the V5C document for the vehicle. Finally we deal with some frequently asked questions. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. Webaction will be taken and a Notice of Intended Prosecution issued to the alleged perpetrator (which will happen without the reporting person being contacted); or; only in the unlikely event of the matter going to court will the reporting person need to be contacted; Penalties. You legal obligation to respond applies irrespective of time limits or whether you were the driver. WebPENAL CODE. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. It is possible that your car has been cloned. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. On the other hand, if you are warned for dangerous driving, this will suffice. The police must serve the notice on either the driver or the registered keeper. 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. 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. Remember that this offence carries a significant 6 point penalty! 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. So, for example, someone is seen by civilians driving in an allegedly dangerous manner. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. This satisfies the Notice of Intended Prosecution rules. The Laws of Noise An For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily need to be a collision or damage. "Failure to provide", attracts a 6 penalty point endorsement. 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. 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. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. A. There are a number of reasons why you may not have been issued a notice in the post within 14 days. The Police are not under a duty to send reminders. 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. 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. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. The main exception is if there is an accident. 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. This is because dangerous driving and careless driving are statutory alternatives by virtue of. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. 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. Does the Crown need to prove they sent a Notice of Intended Prosecution? Yes, subject to certain exceptions. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face A Section 1 warning is not required for every alleged road traffic offence. It can be in oral or written form. Its important to check your records for any penalty points on your driving licence. It is for the accused to prove that he did not receive a warning (or the correct warning). Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. 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. (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. Have you received a Notice of Intended Prosecution (NIP)? You can phone us on 0151 601 3743. It is this person that must receive the warning within 14 days. 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 The warning at the time does not require a specific form of wording so long as the meaning is clear. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. If it was the other way around, however, you could only be convicted of careless driving. However in certain circumstances the Crown may be precluded from obtaining a conviction. 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. I was stopped by the police but haven't received my written warning. Can I be convicted of dangerous driving? We are road traffic law experts. 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. 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. If you have an option to reply electronically or, online then that is a better course of action. can you identify by reference to any diary where each person was at the relevant time; check mobile phones for the day in question (and earlier) to see if there are text messages, calls etc that may shed light on the whereabouts of any potential driver; check visa & credit cards to see if any of the potential drivers spent money on the route in question on the relevant date. 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. WebNotice of Intended Prosecution (NIP) Section 172 notice You must return the Section 172 notice within 28 days, telling the police who was driving the car. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. However, it does not have a driving licence so it cannot get points. The Reminder does not extend the time for complying with the original Notice. If you want to appeal you have to go through the court, not the police. 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. However there IS a legal obligation to respond to a requirement to identify the driver. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. 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. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. 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. The deadline to respond is today. WebIf you have been caught speeding or have committed a traffic offence that has been caught on camera, then the police will serve a Notification of Intended Prosecution (NIP) together with a document known as a Section 172 notice. THE RULE IN PRACTICE. The main exception is if there is an accident. 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. The main exception is if there is an accident. However it is clear that of real significance must occur and, often, near misses may constitute accidents.
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