You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. NIP (notice of intended prosecution) and When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. 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. As addressed above, under DCF policies adopted in 2011 that remain in effect today, DCPP is required to accept and investigate all reports and referrals of child-on-child sexual abuse and child-on-child 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: 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. Can the NIP be issued to a limited company? It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. 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. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. You may then be well advised to liaise with DVLA on getting a new registration plate. They do not, however, require to do both. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. Call us at 0151 601 3743 and get a free initial consultation. You must comply with a NIP within 28 days. However it is clear that something of real significance must occur. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. Research shows that this is one of the fastest growing types of motor-related crime. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. 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. Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. 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 NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. Please help. The police will often do both. Under this section, certain road traffic offences require the service of a Notice of Intended Prosecution (NIP) within 14 days of the date 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. 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. 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. The photos provided show a car which is identical and with the same licence number. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. District Clerk | Criminal Forms - Dallas County Notice of Intended Prosecution Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention ofsection 2orsection 3of the Road Traffic Act 1988. The first, and most usual, is where a motorist has been captured by a speed camera. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. Near misses may constitute accidents but it will depend on the precise nature of the event. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). The case has been brought against the person named here. It should also be noted that a section 1 warning does not require a particular form of words. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. 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. This satisfies the Notice of Intended Prosecution rules. 1.Failure to Appear. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. 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. This is usually determined by whether you have been stopped by the police or not. Posting the notice within 14 days What exactly is a NIP? 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. You may have to go to If you were stopped by the police it may have been given verbally. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. What if I moved house and didn't receive the NIP? I suspect it is a scam. 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. The driver has left the country. The two issues, although contained in the same letter and relating to the same incident, are quite separate. They do not, however, require to do both. A Section 1 warning is not required for every alleged road traffic offence. Near misses may constitute accidents but it will depend on the precise nature of the event. PROOF BEYOND A REASONABLE DOUBT. The police sometimes do not always use the words speeding or careless driving or dangerous driving. Notice Of Intended Prosecution: What Next? | Caddick Davies Enforcement procedure This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. If the details are incorrect or, out of date then put the correct details in your reply; 5. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. 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. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. Sec. Or call our helpline: 01752 487701. 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. 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. In the vast majority of cases, such a prosecution will not happen. Notice of Intended Prosecution This is made clear in. It is also know as a section 1 warning. 2023 Continuing Professional Training - Ohio Attorney General 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. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. 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. It is this person that must receive the warning within 14 days. 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. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. Youll find information about the offence in the notice. 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. Can I be convicted of dangerous driving? The information provided on this website is true and accurate to the best of our knowledge and belief. If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15th day of the month, (Your answer will take you to another page on the site. The time limits are the same irrespective of the offence. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. It is all we do every day nothing else making us a leader in our field. What is the charge? Common 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. Notice of Intended Prosecution 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. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. 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. Does the Crown need to prove they sent a Notice of Intended Prosecution? The time limit for a written warning is 14 days from the date of the offence. The law surrounding careless driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. In the vast majority of cases, such a prosecution will not happen. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. 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 Reminder does not extend the time for complying with the original Notice. 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. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. We have found that the written warnings received by drivers caught on speed camera (i.e. The response form included is for the requirement, not the Notice. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. It is another matter, however, if your name is completely incorrect. Some detailed information in respect of certain offences is contained in our learn more boxes below. 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. If the requirement to provide this information is not complied with, a summons may be issued for failure to furnish information contrary to section 172 Road Traffic Act 1988. he or she was in the country at the time of the offence; he or she has returned abroad or has gone abroad for an indefinite period; and. The police will often do both. Notice of Intended Prosecution A written Notice of Intended Prosecution will usually be issued in one of two circumstances. for Notices of Intended Prosecution a red light), careless driving, dangerous driving or using a mobile phone whilst driving. of prosecutions for certain offences. Notice Where did it happen? 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 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. The warning at the time does not require a specific form of wording so long as the meaning is clear. It is also know as a section 1 warning. Does it matter that my is spelled incorrectly? MET It should also be noted that the burden of proof lies with the accused. In those circumstances there is no need for a warning. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. 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. Are there any defences to not complying with a NIP? (4) Schedule 1 to this Act shows the offences to which this section applies. 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. he or she has insurance to drive the vehicle at the time of the offence. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. 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. 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. 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.