They do not, however, require to do both. If this happens to you, the first you will often know is when you receive written notification that a car with your registration plate has committed a driving offence, not paid parking charges, etc. If you want to appeal you have to go through the court, not the police. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. Near misses may constitute accidents but it will depend on the precise nature of the event. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. This could have major repercussions for you. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. INTRODUCTORY PROVISIONS. See the learn more section for more details. However in certain circumstances the Crown may be precluded from obtaining a conviction. 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. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. 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. It is this person that must receive the warning within 14 days. 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. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. Requirement of warning etc. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. It should also be noted that the burden of proof lies with the accused. 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 Police are not under a duty to send reminders. 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. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. When is a Notice of Intended Prosecution deemed Served? People who share the use of a car & receive a NIP may have a conversation as to who has the least points & who should admit being the driver when the offence was committed. However there IS a legal obligation to respond to a requirement to identify the driver. The police will often do both. 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. If you have an option to reply electronically or, online then that is a better course of action. WebNotice of Intended Prosecution (NIP) Section 172 notice You must return the Section 172 notice within 28 days, telling the police who was driving the car. WebNotice of Intended Prosecution Help. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible 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. 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. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. 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. This satisfies the Notice of Intended Prosecution rules. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. 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. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. WebIf you want to appeal and go to court. a red light); use of mobile phone while driving or dangerous driving. It should also be noted that the burden of proof lies with the accused. 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. 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. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. CONTRAVENING TRAFFIC SIGN, SIGNALS & ROAD MARKINGS. Here's a list of what you need to do: 1. 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. etc. The Notice is simply what the The V5C, or vehicle logbook is a legal document issued by DVLA outlining essential information about the car like: date it was first registered; manufacturer; colour; engine size; and name of registered keeper. 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. WebCriminal Forms. But they are not usually sufficiently serious so as to invalidate the Notice. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. Common In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The registered keeper has a separate legal obligation to ensure that this address is kept up to date and the NIP will be considered legally served if sent to the address recorded on the registration certificate (log book) for the vehicle. If there is also a requirement to identify the driver you still need to respond to this. We are friendly and approachable. A case may be dismissed for want of prosecution on This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. You should contest the charge & hopefully be able to evidence that neither you nor your car were at the location where the alleged offence occurred. 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. 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. What happens if I knowingly provide false information as to who was driving? However it is clear that something of real significance must occur. 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. Please note that this includes being given a verbal Notice of Intended Prosecution by a Police Officer on being stopped at the time of the alleged offence. 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. I've been away from home for the past 4 weeks. It will give you an idea where the offence took place and which court area will be dealing with the case. The matter will be referred to the magistrates court if you 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. 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. Finally, it is very important to note that a late Notice of Intended Prosecutionin no wayremoves 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. Telephone: (214) 653-7307. 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. 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. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. 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. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. This is usually determined by whether you have been stopped by the police or not. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. Failure to respond to a requirement for driver details will normally result in a prosecution for failure to furnish information contrary to s172 Road Traffic Act 1988. Why So Much Free Information Whats The Catch? 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. of prosecutions for certain offences. 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: 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. BURDEN OF PROOF. Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. It is also know as a section 1 warning. 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 police sometimes do not always use the words speeding or careless driving or dangerous driving. 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 warning at the time does not require a specific form of wording so long as the meaning is clear. However it is clear that something of real significance must occur. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. Alternatively the matter may proceed straight to Court. In those circumstances there is no need for a warning. WebWhat is a notice of intended prosecution? Does the Crown need to prove they sent a Notice of Intended Prosecution? 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. You legal obligation to respond applies irrespective of time limits or whether you were the driver. 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. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. This does not invalidate the warning. The time limits are the same irrespective of the offence. So, for example, someone is seen by civilians driving in an allegedly dangerous manner.

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