notice of intended prosecution met police
WebYour legal obligation concerning the offence remains unchanged and you must ensure that you respond to the Notice of Intended Prosecution / Requirement for Driver details as outlined on the Notice and explained under Information Process in the navigation Menu. 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. You may have to go to It is a warning that you may be prosecuted for a certain offence or offences. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. 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. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. I suspect it is a scam. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. There is no legal obligation to respond to a Notice of Intended Prosecution. (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 process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. WebCriminal Forms. It is for the accused to prove that he did not receive a warning (or the correct warning). WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences. 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. 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. The deadline to respond is today. 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: When you In those circumstances there is no need for a warning. 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. The photos provided show a car which is identical and with the same licence number. WebNotice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence 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. Any action taken at this delicate stage is essential to your chances of avoiding or minimising penalty points in the future. 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. CONTRAVENING TRAFFIC SIGN, SIGNALS & ROAD MARKINGS. The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. 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. The police normally send the notice to the registered address of the vehicle according to DVLA records. You can be convicted of careless driving. The two issues, although contained in the same letter and relating to the same incident, are quite separate. One will suffice. The Notice is simply what the It can be in oral or written form and we say more on this below. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. The police sometimes do not always use the words speeding or careless driving or dangerous driving. A. If the police have stopped you at the roadside and charged you with the offence of Speeding in Scotland or Dangerous Driving in Scotland, it is likely you will receive a verbal section 1 warning. 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 information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. 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. This does not invalidate the warning. Enforcement procedure (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 position is based upon our outstanding track record and commitment to client care. the driver could have been one of a number of people but, you are not sure exactly who it was; where family members are involved in a long journey, often going on holiday & take turns to drive but have no recollection of who was behind the wheel when the speeding offence was committed; or, the car could be driven by more than one employee & no log was maintained to record who drove each vehicle on any specific day; or, where work colleagues share the driving on a long drive allowing each the opportunity to relax or deal with emails on their phone. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. Fraudsters copy legitimate registration plates & use fake identities to drive similar cars almost always the same colour. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. That person should then identify you as the driver. In those circumstances a verbal warning will not suffice. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. The first, and most usual, is where a motorist has been captured by a speed camera. 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. 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 you see errors that relate to your name, address or date of birth, you should correct them. Advice for motorists who have received notices of intended prosecution. If you are also the registered keeper, this may well mean that you have a defence against the charge. 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. It can only be issued at the time of the offence. 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 NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. In road traffic cases, however, the accused person, if required under Section 172 of the Road Traffic Act 1988, is obliged to give information, within his knowledge about the identity of a driver of the vehicle involved in any such incidents. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. 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 offences to which it applies are found in. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The time limit for an oral warning is strict. 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. In those circumstances there is no need for a warning. It will give you an idea where the offence took place and which court area will be dealing with the case. Contained within the same letter is a requirement to identify the driver. The main exception is if there is an accident. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. Sec. 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. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. Am I disqualified from driving if I receive a Notice of Intended Prosecution? If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. 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. The first notice must be sent to the registered keeper of the vehicle If you have received this email in error, please notify That person should then identify you as the driver. Call us at 0151 601 3743 and get a free initial consultation. I was stopped by the police but haven't received my written warning. A NIP may be issued for example for the following motoring offences: It is vital that you deal with it correctly as it is very easy to get the procedure wrong. WebNotice of Intended Prosecution Help. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. It is also know as a section 1 warning. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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. 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. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. Common offences that require an NIP on the It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. Do I need to respond to the Notice of Intended Prosecution if I wasn't the driver/if I received it outwith 14 days etc. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. 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. Successfully defending a charge of Speeding in Scotland is a technical job and it needs someone with the knowledge, experience and court craft to win.The NIP can be issued verbally by police officers if you have the misfortune of being stopped by the Police at the time. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. 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 warning at the time does not require a specific form of wording so long as the meaning is clear. 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). WebThe police send thousands of notice of intended prosecution (NIPs) and requirements to provide driver details (s.172 requirement) every day. It is for the accused to prove that he did not receive a warning (or the correct warning).