A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. 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. This depends. Am I disqualified from driving if I receive a Notice of Intended Prosecution? The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. 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. It is a warning that you may be prosecuted for a certain offence or offences. If you have an option to reply electronically or, online then that is a better course of action. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. The case has been brought against the person named here. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. 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. The time limits are the same irrespective of the offence. 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. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. (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. 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. You must still comply with a NIP received late & then argue the point when the case comes to Court. The photos provided show a car which is identical and with the same licence number. WebNotice of Intended Prosecution NOIP | Metropolitan Police Notice of Intended Prosecution NOIP Freedom of information request reference no: 01.FOI.22.023001 I You will receive the NIP within 14 days after the alleged crime. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. If there is also a requirement to identify the driver you still need to respond to this. We use cookies to help improve your experience and our services. The fact that you disagree with the allegation does not mean that you are entitled to withhold information in relation to the identity of the driver if it is required. 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 Yes. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. There is no legal obligation to respond to a Notice of Intended Prosecution. 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. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. 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. It is for the accused to prove that he did not receive a warning (or the correct warning). The NIP should give sufficiently clear information to: So far as the location is concerned it is insufficient for example to simply state M53 or M53 Wirral but M53 near J4 southbound would probably be sufficient. 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. 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. (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. Does it matter that my is spelled incorrectly? NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. 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. 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. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. Such a subsequent warning must be delivered (a) within 14 days (which would be fulfilled in this example) and (b) must be in writing (which would not). The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. If no formal notice, termed a Notice of Intended Prosecution, is received by the registered keeper within 14 days then you can stop worrying as the registered keeper is required to receive such a notice within 14 days of the alleged contravention. (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. The last thing you want to do is to state that someone was driving based on poor quality B/W photos & when you arrive at Court you are shown clear colour pictures demonstrating you were wrong. A motorist caught on speed camera should receive a written warning, for example. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. No. WebIf you want to appeal and go to court. This is perfectly competent but it can also create confusion. This position is based upon our outstanding track record and commitment to client care. This satisfies the Notice of Intended Prosecution rules. The first notice must be sent to the registered keeper of the vehicle So, for example, someone is seen by civilians driving in an allegedly dangerous manner. The notice is issued by the police in motoring cases. What happens if I knowingly provide false information as to who was driving? If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. The Notice is simply what the This stems from the fact that a Notice of Intended Prosecution is sent under. The limited company is then under the same obligations as an individual so far as the NIP is concerned. ), Patterson Law Limited is a law firm authorised and regulated by the. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. Failure to provide such information constitutes a separate offence. I was warned for speeding. 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. The notice is designed only for you to confirm that you were the driver or, for you to identify one other person as being the driver. 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. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. WebPENAL CODE. On the other hand, if you are warned for dangerous driving, this will suffice. It is for the accused to prove that he did not receive a warning (or the correct warning). The police will often do both. What happens if I do not comply with a NIP? a red light); use of mobile phone while driving or dangerous driving. If you think any errors in relation to your details are important, get professional advice. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. Seek legal advice straight away. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not receive it. For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. The Verbal Notice of Intended Prosecution. It should also be noted that the burden of proof lies with the accused. The deadline to respond is today. 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). A Section 1 warning is not required for every alleged road traffic offence. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. In those circumstances there is no need for a warning. But they are not usually sufficiently serious so as to invalidate the Notice. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. 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. Under s1 Road 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. The confusion arises because the two matters are often included in the same letter. This is done by issuing a Notice of Intended Prosecution (NIP). Therefore, it is important to make sure that the address on your licence & the address DVLA have for any vehicle registered to you is current. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. of prosecutions for certain offences. A. It is for the defence to prove that the section has not been complied with. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. We are road traffic law experts. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. 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. Requirement of warning etc. (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. In those circumstances there is no need for a warning. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. This occurred early last week at approx 3.00am on the Monday morning! Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. 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. Youll find information about the offence in the notice. However it is clear that something of real significance must occur. Are there any defences to not complying with a NIP? You may then be well advised to liaise with DVLA on getting a new registration plate. If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. However there IS a legal obligation to respond to a requirement to identify the driver. In those circumstances there is no need for a warning. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. The name and address of the defendant. 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. However it is clear that something of real significance must occur. You may have to go to It will give you an idea where the offence took place and which court area will be dealing with the case. 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. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible This is because dangerous driving and careless driving are statutory alternatives by virtue of. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. We are invited, founder members of the Association of Motor Offence Lawyers. Examples of how this can happen include: In the above situations, the person who receives the NIP is expected to make all reasonable enquiries of those who could have been the driver to see if they can establish who the driver was. Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. They mean two things: the police want to prosecute the driver of a vehicle for a driving offence; and the police want you to tell them who was driving. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. 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. That is probably when the worry sets in. 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. 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. There may be a further delay before you receive them. You will be regarded as not having complied with a NIP if you: If you were the registered keeper of the vehicle & are regarded by the Police as not having complied with the NIP you are usually charged with; We offer a free initial consultation, no matter what type of driving offence charge you are facing. Some detailed information in respect of certain offences is contained in our learn more boxes below. Only that person can respond. It can be in oral or written form and we say more on this below. You can be convicted of careless driving. If you see errors that relate to your name, address or date of birth, you should correct them. But dont take our word for it. The police must serve the notice on either the driver or the registered keeper. That person should then identify you as the driver. What is the charge? That person should then identify you as the driver. The warning at the time does not require a specific form of wording so long as the meaning is clear. Failure to do this is an offence in itself. the offence of Speeding in Scotland) often cause a high degree of alarm. The time limit for a written warning is 14 days from the date of the offence. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face 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. Some detailed information in respect of certain offences is contained in our learn more boxes below. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. If you receive a requirement for information and do not know who the driver was at the time of the alleged offence, it is essential that you take advice from a specialist motoring solicitor. The time limit for a written warning is 14 days from the date of the offence. (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. Typographical errors are excusable. provided a validly completed NIP as soon as was reasonably practicable but, outside the prescribed time limit & that it was reasonable for you to be late in replying; were unable to identify the driver or potential drivers despite making all reasonable enquiries as to who that might be. 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. What should I do? What can I do? On the other hand, if you are warned for dangerous driving, this will suffice. CONTRAVENING TRAFFIC SIGN, SIGNALS & ROAD MARKINGS. The NIP and the requirement to identify the driver are often contained in the same letter. It is for the accused to prove that he did not receive a warning (or the correct warning). 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. Can the NIP be issued to a limited company? 2.01. (4) Schedule 1 to this Act shows the offences to which this section applies. What exactly is a NIP? The NIP can be given verbally by the police at the time of the alleged offence after a vehicle has been stopped. 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. WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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. WebCriminal Forms. If it was the other way around, however, you could only be convicted of careless driving. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. What happens if a limited company does not comply with a NIP? 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. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. 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 What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. The driver has left the country. These rules apply irrespective of the alleged offence. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. In very simple terms, it is a document that provides sufficient notice to the registered keeper or the driver of the vehicle that they may be prosecuted for a driving offence. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 The civilians report the matter to the police who visit the accused 10 days later. The time limit for an oral warning is strict. WebWhere the police are required to serve a Notice of Intended Prosecution (NIP), the prosecution only needs to prove that they posted it so that you should receive it within 14 days. They do not, however, require to do both. 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. 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. 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. This is because the letter usually also warns the driver that they may be prosecuted for dangerous driving or careless driving. This does not invalidate the warning. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Cars are cloned more often than you might imagine. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. They are that you: You should also plead not guilty if you returned a validly completed NIP within the prescribed time period but, the Police say your reply was not received. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. The requirement is to provide those details within 28 days. do nothing at all & make no written response; or, return it validly completed but outside the prescribed time limit; or, the additional offence of failing to comply with the NIP. 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. See our independent TrustPilot reviews. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. In those circumstances a verbal warning will not suffice. Its dated 16th January and the alleged offence was on the 14th January. 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. I was stopped by the police but haven't received my written warning. 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. Here's a list of what you need to do: 1. From feedback we have received, our clients are not always sure if they have been issued with such a warning. This does not invalidate the warning. he or she has insurance to drive the vehicle at the time of the offence. The police sometimes do not always use the words speeding or careless driving or dangerous driving.