notice of intended prosecution met police notice of intended prosecution met police

In those circumstances a verbal warning will not suffice. Yes. This is usually determined by whether you have been stopped by the police or not. need to be a collision or damage. 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 letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. Points are relevant from date of offence to date of offence for any speeding charge. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. It is for the defence to prove that the section has not been complied with. If you are caught doing this, you take the risk of an immediate prison sentence. This is perfectly competent but it can also create confusion. Under s2 (1) Road Traffic Offenders Act 1988, if an accident has occurred this dispenses with the need to serve a notice of intended prosecution as the accident itself is deemed to put the driver on notice that they could be prosecuted. When you There are several factors on your possible disqualification from driving including the severity of the offence and whether you have penalty points on your driving licence. What if more than one person could have been the driver? It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. These forms are provided for the 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. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. Check that the notice contains your correct name, address and date of birth; If the details are incorrect or, out of date then put the correct details in your reply; Make a note of when and where you posted it; If you have an option to reply electronically or, online then that is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. Get the right support and representation at the earliest opportunity! the offence of speeding) often cause a high degree of alarm. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. 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. Can the NIP be issued to a limited company? On the other hand, if you are warned for dangerous driving, this will suffice. 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 matter will be referred to the magistrates court if you You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. It should also be noted that the burden of proof lies with the accused. that there are exceptions to this rule. 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. 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. WebA Notice of Intended Prosecution must be sent within 14 days of the alleged offence (or in some instances of the offence coming to the attention of the police). You will receive the NIP within 14 days after the alleged crime. Enforcement procedure Notice of intended prosecution Vasilica Ciobanu made this Freedom of Information request to Metropolitan Police Service (MPS) This request has been closed to new correspondence. However it is clear that of real significance must occur and, often, near misses may constitute accidents. If you want to appeal you have to go through the court, not the police. No. This happens more often than you think. Why So Much Free Information Whats The Catch? If you admit to being the driver it does not necessarily follow that you accept having committed the offence as the police will still be required to prove all other aspects of the offence. 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. Moreover you can only be successfully prosecuted if you are warned for the correct offence. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. 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. 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 That person should have the V5C document for the vehicle. The enquiries you should make of yourself & others include: Document the enquiries you make especially if they were made by email so that you can demonstrate the lengths you went to, so as to identify the driver. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. Therefore, it is rarely a good idea to ignore the NIP. It is for the accused to prove that he did not receive a warning (or the correct warning). The name and address of the defendant. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible 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. The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. The requirement is to provide those details within 28 days. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. You legal obligation to respond applies irrespective of time limits or whether you were the driver. Successfully defending a charge of Speeding in Scotland is a technical job and it needs someone with the knowledge, experience and court craft to win.The NIP can be issued verbally by police officers if you have the misfortune of being stopped by the Police at the time. 2.01. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. 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. A Section 1 warning is not required for every alleged road traffic offence. WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). They do not, however, require to do both. BURDEN OF PROOF. You can be convicted of careless driving. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. 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. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. The information provided on this website is true and accurate to the best of our knowledge and belief. speeding). I've been away from home for the past 4 weeks. he or she has insurance to drive the vehicle at the time of the offence. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. THE RULE IN PRACTICE. However it is clear that of real significance must occur and, often, near misses may constitute accidents. 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. Youll find information about the offence in the notice. The validity of a complaint depends upon a number of factors. We are invited, founder members of the Association of Motor Offence Lawyers. Yes, subject to certain exceptions. Research shows that this is one of the fastest growing types of motor-related crime. That person should then identify you as the driver. This is perfectly competent but it can also create confusion. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. WebYour legal obligation concerning the offence remains unchanged and you must ensure that you respond to the Notice of Intended Prosecution / Requirement for Driver details as outlined on the Notice and explained under Information Process in the navigation Menu. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. The driver has left the country. It is for the accused to prove that he did not receive a warning (or the correct warning). If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). If you were stopped by the police it may have been given verbally. 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 civilians report the matter to the police who visit the accused 10 days later. 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. 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. WebThe first indication a vehicle has been involved in a road traffic offence is the receipt by the registered keeper of a Notice of Intended Prosecution (NIP), combined with a requirement to provide details of the driver. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. 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. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. Make a note of when and where you posted it; 7. 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. 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.