The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. The first, and most usual, is where a motorist has been captured by a speed camera. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. If you are being asked to name the driver, you should provide the details of the person you believe was driving. It can be in oral or written form. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. We have the highest satisfaction rating of any road traffic firm in the UK. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. A motorist caught on speed camera should receive a written warning, for example. 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. That person should then identify you as the driver. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. The law provides that a warning for the lesser counts as a warning for the greater. 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. WebIf you have any comments or complaints about enforcement please use the 101 non-emergency form and put for the attention of the Speed Detection Road Safety Team Leader. 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. If you have received this email in error, please notify Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. 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. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. You legal obligation to respond applies irrespective of time limits or whether you were the driver. 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. Additionally only the registered keeper requires to receive the warning within 14 days. Some detailed information in respect of certain offences is contained in our learn more boxes below. From feedback we have received, our clients are not always sure if they have been issued with such a warning. RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? This could be money spent on petrol, refreshments etc. If you were stopped by the police it may have been given verbally. We have found that the written warnings received by drivers caught on speed camera (i.e. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. This is usually determined by whether you have been stopped by the police or not. that there are exceptions to this rule. They do not, however, require to do both. 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. It is for the accused to prove that he did not receive a warning (or the correct warning). PROOF BEYOND A REASONABLE DOUBT. 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. 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. We are road traffic law experts. 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. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. It is also know as a section 1 warning. Common offences that require an NIP on the All of our legal team formidable and committed trial lawyers.They have featured on TV, Radio and National Newspapers and have represented fellow solicitors, advocates, barristers, Queens Counsel, sports stars, members of the Royal Family and even police officers. 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. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. 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 those circumstances there is no need for a warning. 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. It is possible that your car has been cloned. One will suffice. If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. 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. 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 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 NIP and the requirement to identify the driver are often contained in the same letter. In those circumstances a verbal warning will not suffice. 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. The deadline to respond is today. It is for the defence to prove that the section has not been complied with. Posting the notice within 14 days 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. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence 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. Research shows that this is one of the fastest growing types of motor-related crime. It is also know as a section 1 warning. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. Enforcement procedure The police will often do both. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. 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. (4) Schedule 1 to this Act shows the offences to which this section applies. 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. It should also be noted that the burden of proof lies with the accused. 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. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. 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. The validity of a complaint depends upon a number of factors. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. failing to conform with a traffic signal (eg. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. These forms are provided for the When you receive it, you'll notice that the process can be confusing. 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 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. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. 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 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. 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. When you This is usually determined by whether you have been stopped by the police or not. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. Under s1 Road 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. 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. WebThe types of offences that Operation Snap deals with generally have a 6 month time limit for prosecution. It is another matter, however, if your name is completely incorrect. Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. This is made clear in. For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. WebA 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. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. It is a warning that you may be prosecuted for a certain offence or offences. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. Again, remember to take off the day of the alleged offence. This could have major repercussions for you. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 INTRODUCTORY PROVISIONS. 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. 2023 Notice of Intended Prosecution.org, Schedule 1 of the Road Traffic (Offenders) Act 1988, Careless Driving (Road Traffic Act 1988, section 3), Dangerous Driving (Road Traffic Act 1988, section 2), Speeding (various sections of the Road Traffic Regulation Act 1984), Failing to comply with traffic signs (Road Traffic Act 1988, section 36), Drink Driving (Road Traffic Act 1988, section 5), Failure to Provide a Sample (Road Traffic Act 1988, section 7), Causing death by dangerous or careless driving (Road Traffic Act 1988, sections 1 and 2B), Using a vehicle in a dangerous condition (Road Traffic Act 1988, section 40A), Driving while using a mobile phone (Road Traffic Act 1988, section 41D). WebIf you want to appeal and go to court. of prosecutions for certain offences. 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. 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. 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. 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.
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