RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? We have found that the written warnings received by drivers caught on speed camera (i.e. The civilians report the matter to the police who visit the accused 10 days later. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. 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. 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. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. Contact us if you think it should be reopened. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. 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. From feedback we have received, our clients are not always sure if they have been issued with such a warning. (4) Schedule 1 to this Act shows the offences to which this section applies. When is a Notice of Intended Prosecution deemed Served? This is made clear in, 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. The deadline to respond is today. A Section 1 warning is not required for every alleged road traffic offence. It is also know as a section 1 warning. Failure to do this is an offence in itself. 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. ), Patterson Law Limited is a law firm authorised and regulated by the. Under s1 Road Traffic Offenders Act 1988, a Notice of Intended Prosecution must be issued to the driver or registered keeper of a vehicle identified as having been involved in a motoring offence. 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. It should also be noted that the burden of proof lies with the accused. This is perfectly competent but it can also create confusion. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. the driver could have been one of a number of people but, you are not sure exactly who it was; where family members are involved in a long journey, often going on holiday & take turns to drive but have no recollection of who was behind the wheel when the speeding offence was committed; or, the car could be driven by more than one employee & no log was maintained to record who drove each vehicle on any specific day; or, where work colleagues share the driving on a long drive allowing each the opportunity to relax or deal with emails on their phone. Within the same letter will be a requirement to identify the driver. 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. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. 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 very common, therefore, for the driver to receive his own warning after 14 days has elapsed. In those circumstances there is no need for a warning. that there are exceptions to this rule. This could be money spent on petrol, refreshments etc. The information is intended to provide a basis for understanding the legislation. The matter will be referred to the magistrates court if you 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. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. Finally we deal with some frequently asked questions. The two issues, although contained in the same letter and relating to the same incident, are quite separate. North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. 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. It should also be noted that the burden of proof lies with the accused. he or she has insurance to drive the vehicle at the time of the offence. Make a note of when and where you posted it; 7. (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. 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. 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. 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. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. of prosecutions for certain offences. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. This happens more often than you think. 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. 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 such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. This is made clear in. 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 Notice is simply what the name suggests. 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. Can I be convicted of dangerous driving? This is usually determined by whether you have been stopped by the police or not. The offences to which it applies are found in. Can the NIP be issued to a limited company? The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. 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. Are there any defences to not complying with a NIP? What if I do not know who the driver was? This stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. the offence of Speeding in Scotland) often cause a high degree of alarm. The Laws of Noise An 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. Finally we deal with some frequently asked questions. 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. We are road traffic law experts. I got back last night and only saw the letter today. It is also know as a section 1 warning. 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 This is because the letter usually also warns the driver that they may be prosecuted for Dangerous Driving in Scotland or Careless Driving in Scotland. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. Their phone lines are closed and I can't speak to anyone via 101. The European Court of Human Rights decided that drivers do not have a right of silence and ARE required to answer the identity question in terms of Section 172 of the Road Traffic Act. This is the name of the police force prosecuting you. On the other hand, if you are warned for dangerous driving, this will suffice. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. I was stopped by the police but haven't received my written warning. 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. If you have an option to reply electronically or, online then that is a better course of action. If the vehicle was not stopped at the time it may be served by post on the registered keeper of the vehicle within 14 days. WebIf you want to appeal and go to court. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The NIP and the requirement to identify the driver are often contained in the same letter. 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. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. Am I disqualified from driving if I receive a Notice of Intended Prosecution? Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. It should also be noted that the burden of proof lies with the accused. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. Therefore, it is rarely a good idea to ignore the NIP. 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. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. 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. It can be in oral or written form. 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. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. There is no legal obligation to respond to a Notice of Intended Prosecution. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. It is this person that must receive the warning within 14 days. For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. Posting the notice within 14 days Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. 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. 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. 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. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. A. 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 Therefore the knowledge of an experienced solicitor is invaluable at this stage.The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. 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. 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. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . 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. What should I do? There are a number of reasons why you may not have been issued a notice in the post within 14 days. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. In those circumstances a verbal warning will not suffice. 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 is a warning that you may be prosecuted for a certain offence or offences. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. 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. The warning at the time does not require a specific form of wording so long as the meaning is clear. 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. No. One will suffice. The warning at the time does not require a specific form of wording so long as the meaning is clear. It should also be noted that a section 1 warning does not require a particular form of words. PROOF BEYOND A REASONABLE DOUBT. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. 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. This does not invalidate the warning. The limited company is then under the same obligations as an individual so far as the NIP is concerned. 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. 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). 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. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. Do I need to respond to the Notice of Intended Prosecution if I wasn't the driver/if I received it outwith 14 days etc. If a NIP is sent by first class post it is deemed served 2 days after it was posted irrespective of the fact that it went to an address provided by DVLA that is no longer current for you. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The time limit for an oral warning is strict. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. In road traffic cases, however, the accused person, if required under Section 172 of the Road Traffic Act 1988, is obliged to give information, within his knowledge about the identity of a driver of the vehicle involved in any such incidents. However, this does not apply to 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. WebNotice of Intended Prosecution - Alleged driving without due care and attention Ive got home from work today and have received a notice of intended prosecution from West Mercia Police. If convicted, the company can only face a financial penalty. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. In criminal cases, the burden is usually on the prosecution to satisfy the court of a fact beyond reasonable doubt or to put it another way, so that the court is sure. Where did it 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. This is because the letter usually also warns the driver that they may be prosecuted for dangerous driving or careless driving. This depends. The NIP should be accurate. 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. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. The Notice is simply what the 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. 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. It is for the accused to prove that he did not receive a warning (or the correct warning). A motorist caught on speed camera should receive a written warning, for example. Enforcement procedure Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? Common offences that require an NIP on the What exactly is a NIP? You can phone us on 0151 601 3743. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. I suspect it is a scam. 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. That person should then identify you as the driver. All persons are There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. 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. 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. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988which provides: (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 placewhere 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. In those circumstances there is no need for a warning. The first, and most usual, is where a motorist has been captured by a speed camera. 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 first notice must be sent to the registered keeper of the vehicle The time limits are the same irrespective of the offence. 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. What if I moved house and didn't receive the NIP? The time limits are the same irrespective of the offence. The most common offences for which a warning is required are: in Scotland(Road Traffic Act 1988, section 3), If the police have stopped you at the roadside and charged you with the offence of, , it is likely you will receive a verbal section 1 warning. 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. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. If you want to appeal you have to go through the court, not the police. These rules apply irrespective of the alleged offence. Remember that this offence carries a significant 6 point penalty! This is perfectly competent but it can also create confusion. 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