notice of intended prosecution met police

You will receive the NIP within 14 days after the alleged crime. If the offence requires a Notice of Intended Prosecution to be served, remember that the first NIP has to be received within 14 days of the alleged offence. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. In the vast majority of cases, such a prosecution will not happen. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. You legal obligation to respond applies irrespective of time limits or whether you were the driver. WebA 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. It is for the accused to prove that he did not receive a warning (or the correct warning). The confusion arises because the two matters are often included in the same letter. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. Have you received a Notice of Intended Prosecution (NIP)? 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. If you ask for photographic evidence insist on getting colour copies because the difference in quality between B/W & colour copies is often significant. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. This does not invalidate the warning. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. From feedback we have received, our clients are not always sure if they have been issued with such a warning. 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. North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. 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. WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). 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 You may have to go to 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. In that time, I received a Notice of Intended prosecution for running a red light. The driver has left the country. This is the name of the police force prosecuting you. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. The information is intended to provide a basis for understanding the legislation. The Notice is simply what the name suggests. Points are relevant from date of offence to date of offence for any speeding charge. See the learn more section for more details. WebWhere the police are required to serve a Notice of Intended Prosecution (NIP), the prosecution only needs to prove that they posted it so that you should receive it within 14 days. WebIf you have been caught speeding or have committed a traffic offence that has been caught on camera, then the police will serve a Notification of Intended Prosecution (NIP) together with a document known as a Section 172 notice. What if I do not know who the driver was? 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. It is for the accused to prove that he did not receive a warning (or the correct warning). The main exception is if there is an accident. 2.01. 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. I have got a fixed penalty notice but I cannot afford to pay the whole amount. 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. 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. This occurred early last week at approx 3.00am on the Monday morning! Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. Finally we deal with some frequently asked questions. It can be in oral or written form. We are friendly and approachable. The registered keeper is the person listed by DVLA . In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Some detailed information in respect of certain offences is contained in our learn more boxes below. It is also know as a section 1 warning. 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. WebIf you want to appeal and go to court. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. If a car is registered to a limited company, or the company is the customer of the lease company the NIP will be sent to the limited company. WebPENAL CODE. The matter will be referred to the magistrates court if you You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. But dont take our word for it. speeding). PROOF BEYOND A REASONABLE DOUBT. Does it matter that my is spelled incorrectly? If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. the offence of speeding) often cause a high degree of alarm. do nothing at all & make no written response; or, return it validly completed but outside the prescribed time limit; or, the additional offence of failing to comply with the NIP. (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. If those enquiries do not establish who the driver was the NIP should be returned with a covering letter listing: At this stage you need not include your enquiries in the written response, but you should document them in case you end up in court. 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. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. 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. However there IS a legal obligation to respond to a requirement to identify the driver. You may then be well advised to liaise with DVLA on getting a new registration plate. The validity of a complaint depends upon a number of factors. 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. CHAPTER 2. But most Police forces do so. This is done by issuing a Notice of Intended Prosecution (NIP). 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. 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 police may also obtain the details of the directors of the company and issue separate documentation on them where the company does not cooperate with its requests for information. If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily need to be a collision or damage. that there are exceptions to this rule. It should be noted in terms ofsection 2 of the Road Traffic (Offenders) Act 1988that there are exceptions to this rule. I was stopped by the police but haven't received my written warning. If the police only charged you with speeding and only warned you that you may be prosecuted for speeding then you cannot be convicted of dangerous driving. The enquiries you should make of yourself & others include: Document the enquiries you make especially if they were made by email so that you can demonstrate the lengths you went to, so as to identify the driver. 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 police will often do both. Call us at 0151 601 3743 and get a free initial consultation. Notice from Collin County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . The civilians report the matter to the police who visit the accused 10 days later. 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. 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. What happens if I knowingly provide false information as to who was driving? For example, it is possible that you may have been driving but the speed reading being relied upon by the police was not accurate. Failure to do this is an offence in itself. The flash of a GATSO camera in your rear view mirror is often the start of that sinking feeling that lets you know that your licence may be in jeopardy.

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