Some detailed information in respect of certain offences is contained in our learn more boxes below. The case has been brought against the person named here. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. It is for a speeding offence This depends. Common It will give you an idea where the offence took place and which court area will be dealing with the case. Make a note of when and where you posted it; 7. NDAs and the Public Interest a beginners guide for Matt ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. A. The first notice must be sent to the registered keeper of the vehicle 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. As an example, a speed of 95mph or more in a 70mph zone will generally always result in an SJPN being issued as this is speed too high for either a Speed Awareness Course or offer of a fixed penalty. 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. If convicted, the company can only face a financial penalty. Yes, subject to certain exceptions. The photos provided show a car which is identical and with the same licence number. 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 Notice is simply what the name suggests. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. Sharing dashcam footage For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. 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. No. If the company fails to respond it cannot be subject to penalty points as only private individuals can have driving licences. 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. 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. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. I have a speeding ticket purportedly from the Met, but A case may be dismissed for want of prosecution on The civilians report the matter to the police who visit the accused 10 days later. That person should then identify you as the driver. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. 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. WebIf you've been caught speeding by a speed camera, or you've been stopped by the police, you'll be sent a Notice of Intended Prosecution and a Section 172 Notice within 14 days. We use cookies to help improve your experience and our services. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. 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. the make & registration number of the vehicle; the date & time when the alleged offence was committed; and, you cannot identify the driver nor anyone who potentially could have been the driver; or. etc. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Notice of Intended Prosecution The time limit for an oral warning is strict. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. 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 section 1 of the Road Traffic (Offenders) Act 1988. Questions | West Yorkshire Police 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 offence carries 6 penalty points on conviction, which is a higher penalty for most offences in relation to which the NIP has been issued. 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. 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. This satisfies the Notice of Intended Prosecution rules. It is also know as a section 1 warning. 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. In those circumstances there is no need for a warning. It is therefore important that you do comply with a NIP especially if you were not the driver at the time an offence was committed. Notice of Intended Prosecution When you The time limit for an oral warning is strict. It should also be noted that the burden of proof lies with the accused. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. 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. What is the charge? A limited company facing this charge should seek legal advice as to how the failure to comply with the NIP can be explained & more importantly, what measures have been taken to avoid a recurrence. 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. The time limits are the same irrespective of the offence. In those circumstances a verbal warning will not suffice. The warning at the time does not require a specific form of wording so long as the meaning is clear. It has to be sent within 14 days of detection of the alleged offence and has to specify: the nature of the alleged offence date and time the alleged offence happened the place the alleged offence happened. One will suffice. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. Cars are cloned more often than you might imagine. It is also know as a section 1 warning. Finally we deal with some frequently asked questions. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. The Verbal Notice of Intended Prosecution. What if more than one person could have been the driver? In the vast majority of cases, such a prosecution will not happen. Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. 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). Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. I was warned for dangerous driving but am being prosecuted for careless driving, I have received a NIP but the offence was more than 14 days ago, I have received a Notice of Intended Prosecution but know for a fact that my car was off the road. Or call our helpline: 01752 487701. What Happens Next After Notice Of Prosecution? - Slater 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 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. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. In the vast majority of cases, such a prosecution will not happen. I suspect it is a scam. THE RULE IN PRACTICE. 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. However in certain circumstances the Crown may be precluded from obtaining a conviction. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 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.
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