Do not use, copy or disclose the information contained in this email or in any attachment without the permission of the sender. Does the Crown need to prove they sent a Notice of Intended Prosecution? the offence of speeding) often cause a high degree of alarm. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. Have you received a Notice of Intended Prosecution (NIP)? Contained within the same letter is a requirement to identify the driver. The police normally serve the initial NIP and requirement for identity of the driver on a limited company if it is the registered keeper of the vehicle. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. (4) Schedule 1 to this Act shows the offences to which this section applies. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. In those circumstances there is no need for a warning. Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. 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. 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. 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. You must still comply with a NIP received late & then argue the point when the case comes to Court. See the learn more section for more details. What happens if I knowingly provide false information as to who was driving? It is also know as a section 1 warning. (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. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. When you receive it, you'll notice that the process can be confusing. Some detailed information in respect of certain offences is contained in our learn more boxes below. When you This occurred early last week at approx 3.00am on the Monday morning! 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). As amended through January 27, 2023. The notice is issued by the police in motoring cases. In those circumstances there is no need for a warning. 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. The NIP should be accurate. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. The case has been brought against the person named here. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. 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. As you are liable for a 6-month driving ban under what is known as the totting up procedure when you reach 12 or more points, you do not want to get 6 points if you can avoid doing so. etc. This is because the letter usually also warns the driver that they may be prosecuted for dangerous driving or careless driving. I arrived home from work to a letter from the Metropolitan Police with a "NOTICE OF INTENDED PROSECUTION" Stating that "Under section 1 of the Road Traffic Offenders Act 1988, we intend to take proceedings against the driver of the following motor vehicle for the offence alleged below: This is usually determined by whether you have been stopped by the police or not. failing to conform with a traffic signal (eg. 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. If it is not or, if DVLA mistakenly provides the wrong address to the Police, this does not give you a defence to a charge of not complying with a NIP. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. 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. 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. What exactly is a NIP? Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. 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. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. WebA Notice of Intended Prosecution must be sent within 14 days of the alleged offence (or in some instances of the offence coming to the attention of the police). 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. The main exception is if there is an accident. If you have an option to reply electronically or, online then that is a better course of action. If the company fails to respond it cannot be subject to penalty points as only private individuals can have driving licences. 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. Why So Much Free Information Whats The Catch? You must report the collision no matter who was at fault. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. Research shows that this is one of the fastest growing types of motor-related crime. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. 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 first, and most usual, is where a motorist has been captured by a speed camera. The offences to which it applies are found 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. No. The law provides that a warning for the lesser counts as a warning for the greater. If you were stopped by the police it may have been given verbally. I suspect it is a scam. If you have received this email in error, please notify the sender and delete it from your system. The most common offences for which a warning is required are: in Scotland(Road Traffic Act 1988, section 3), If the police have stopped you at the roadside and charged you with the offence of, , it is likely you will receive a verbal section 1 warning. One will suffice. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. BURDEN OF PROOF. 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 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. Can I see photographic evidence relating to the offence? A written Notice of Intended Prosecution will usually be issued in one of two circumstances. It should also be noted that the burden of proof lies with the accused. While a degree of latitude will be allowed, however, the evolution of the law makes clear that such warnings must be issued soon after the alleged offence 24 hours later, for example, will be too late. WebThe Ohio Attorney Generals Office and the Ohio Peace Officer Training Academy launched a $15 million pilot program to help fund continuing professional training (CPT) for law enforcement officers in 2022, per the biennial operating budget passed by the Ohio General Assembly in summer 2021. But dont take our word for it. It is a warning that you may be prosecuted for a certain offence or offences. It is for the defence to prove that the section has not been complied with. If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. The civilians report the matter to the police who visit the accused 10 days later. 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. It is also know as a section 1 warning. It should also be noted that a section 1 warning does not require a particular form of words. 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. In those circumstances there is no need for a warning. 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. Who is the registered keeper of a vehicle? WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 1 Road Traffic Offenders Act 1988. The warning at the time does not require a specific form of wording so long as the meaning is clear. 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). Near misses may constitute accidents but it will depend on the precise nature of the event. For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? This happens more often than you think. Failure to do this is an offence in itself. What Is A Notice Of Intended Prosecution? 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. 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. 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. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. Additionally only the registered keeper requires to receive the warning within 14 days. These forms are provided for the I was stopped by the police but haven't received my written warning. If a NIP is sent by first class post it is deemed served 2 days after it was posted irrespective of the fact that it went to an address provided by DVLA that is no longer current for you. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. The information is intended to provide a basis for understanding the legislation. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. a red light); use of mobile phone while driving or dangerous driving. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. 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. PROOF BEYOND A REASONABLE DOUBT. 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. Yes, subject to certain exceptions. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence 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. It should also be noted that the burden of proof lies with the accused. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. 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. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. If convicted, the company can only face a financial penalty. The emails claim that GMP are notifying you about a Notice of Intended Prosecution (NIP) and have photographic evidence that you failed to adhere to the speed limit at specific date, time and location. Can I be convicted of dangerous driving? If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. 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. 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.
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