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. If a "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. need to be a collision or damage. However it is clear that of real significance must occur and, often, near misses may constitute accidents. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. WebWhat is a notice of intended prosecution? 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. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. The driver has left the country. It is for the accused to prove that he did not receive a warning (or the correct warning). Was the Notice of Intended Prosecution (NIP) Served on you within 14 days of the alleged offence at your last known address? 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. 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 key point is whether the proceedings were issued in time. 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. MET A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. Notice of Intended Prosecution The time limits are the same irrespective of the offence. he or she was in the country at the time of the offence; he or she has returned abroad or has gone abroad for an indefinite period; and. WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of, Finally, it is very important to note that a late Notice of Intended Prosecution, 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. Cars are cloned more often than you might imagine. 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). You may have to go to If another driver is 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. 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. Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. 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). Although a certain latitude can be allowed, significant errors as to time and/or place can potentially mean the Notice is invalid and cannot be relied upon by the prosecution. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. It can only be issued at the time of the offence. Questions | West Yorkshire Police If you have an option to reply electronically or, online then that is a better course of action. This is perfectly competent but it can also create confusion. 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. On the other hand, if you are warned for dangerous driving, this will suffice. A. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The NIP and the requirement to identify the driver are often contained in the same letter. 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 exactly is a NIP? If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. The matter will be referred to the magistrates court if you ignore the notice. When you receive it, you'll notice that the process can be confusing. All persons are The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . 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. It is also know as a section 1 warning. 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. a red light), careless driving, dangerous driving or using a mobile phone whilst driving. Failure to do this is an offence in itself. George L. Allen, Sr. Courts Building - 600 Commerce Street, Suite 103, Dallas, TX 75202. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. You must still comply with a NIP received late & then argue the point when the case comes to Court. (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. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. (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. This stems from the fact that a Notice of Intended Prosecution is sent under. As amended through January 27, 2023. Within the same letter will be a requirement to identify the driver. WebCriminal Forms. 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. It is this person that must receive the warning within 14 days. That is probably when the worry sets in. This is done by issuing a Notice of Intended Prosecution (NIP). Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. Notice Of Intended Prosecution | A Complete Guide A Notice of Intended Prosecution is usually sent with a Request for Driver Information. The time limit for an oral warning is strict. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. Can I see photographic evidence relating to the offence? However, it does not have a driving licence so it cannot get points. 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. NIP Checker - Is Your Notice Of Intended Prosecution Valid? 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 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. The main exception is if there is an accident. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. Moreover you can only be successfully prosecuted if you are warned for the correct offence. 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. What if it was not my car caught by the camera? The civilians report the matter to the police who visit the accused 10 days later. The first notice must be sent to the registered keeper of the vehicle A motorist caught on speed camera should receive a written warning, for example. Have Been Caught Speeding, What Happens Now Within the same letter will be a requirement to identify the driver. However in certain circumstances the Crown may be precluded from obtaining a conviction. From feedback we have received, our clients are not always sure if they have been issued with such a warning. See the learn more section for more details. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not receive it. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. WebPENAL CODE. 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. 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. If it was the other way around, however, you could only be convicted of careless driving. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. 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. Call us now or complete a contact form on the right-hand side for advice about how to deal with a notice of intended prosecution. Notice of Intended Prosecution Make a note of when and where you posted it; 7. 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. If the recorded speed was too high for a speed awareness course (10 % above the speed limit + 9 mph is the usually applied threshold) then a fixed penalty may be offered. 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. Given that it is deemed served 2 days after it was posted (using first class post), this means that a NIP posted on July 1st will be deemed served on July 3rd & must be complied with by July 31st. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. Its dated 16th January and the alleged offence was on the 14th January. But they are not usually sufficiently serious so as to invalidate the Notice. If the requirement to provide this information is not complied with, a summons may be issued for failure to furnish information contrary to section 172 Road Traffic Act 1988. 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. This satisfies the Notice of Intended Prosecution rules. 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. It should be noted in terms ofsection 2 of the Road Traffic (Offenders) Act 1988that there are exceptions to this rule. WebThe purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still Call us at 0151 601 3743 and get a free initial consultation. 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. 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. The Reminder does not extend the time for complying with the original Notice. Speeding It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. 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. Noise & Nuisances - Neighbor Law - Guides at Texas State Law Please help. 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.