There is no requirement for a warning if there has been an accident, for example, or the police failure is due to deliberate evasion on your part. There are certain exceptions, the most common of which is that no warning is required is if there has been 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. A summary isthat: Certain driving offences require a warning of possible prosecution to be served on either: The consequence ofnot complying with the NIP requirement is thatthere cannot be a conviction for the offence to which it relates. Here they are, along with our answers. It does not matter how long after the incident this is so long as first Notice has been served on time. You will receive the NIP within 14 days after the alleged crime. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. Just tell us what you need help with and well call you back to arrange a meeting. Trustpilots top-rated road traffic law specialist, In 2001, I established the first firm in Scotland to dedicate itself to the specialisation of road traffic law, Graham Walker, founder of Roadtrafficlaw.com Ltd. For peace of mind contact us today. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. All rights reserved. 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. Moreover you can only be successfully prosecuted if you are warned for the correct offence. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. Motoring offences are serious, due to the associated potential for road traffic accidents. Are you looking for a criminal defence lawyer. The law requires us to abide by the rules and provide information within certain time limits. There is no requirement to request driver details within 14 days. On the other hand, if you are warned for dangerous driving, this will suffice. 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. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. From feedback we have received, our clients are not always sure if they have been issued with such a warning. This is most common in speed camera cases and is a result of how the system works. All rights reserved. A notice of intended prosecution has to be sent within 14 days of the offence. You may not realise that you have a defence until you have discussed your case with an experienced solicitor. 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'. What if there are errors in the notice of intended prosecution I submit? The 14-day requirement only applies to the first NIP sent. 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. Good article! 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. Youve been caught by the police driving carelessly. So, for example, someone is seen by civilians driving in an allegedly dangerous manner. Within the same letter will be a requirement to identify the driver. The NIP and the requirement to identify the driver are often contained in the same letter. I had this when I was 18, and had to get a re-trial and then my offence was quashed with costs. Section 1 of the Road Traffio (Offenders) Act 1988 includes a presumption of compliance. Website by Dogfish Design, What is a notice of intended prosecution?, In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. If you have been received a notice of intended prosecution, we can help.. I was stopped by the police but haven't received my written warning. In those circumstances there is no need for a warning. Since you have no income the court will use a default minimum of 120pw. WebIf you are a Plaintiff, then don't wait for the hearing--do something in the case within 60 days fro the date of the notice. Please note, the police are legally obliged to notify you within 14 days of the alleged offence. However it is clear that of real significance must occur and, often, near misses may constitute accidents. The vast majority of people who have received a Notice of Intended Prosecution are alleged to have committed minor speeding offences. If your defence is that you did not receive it within this timescale, the onus is on you to prove it on the balance of probabilities. Therefore, if you have received a Notice of Intended Prosecution outwith 14 days then you may have received it late. Disputing a notice of intended prosecution. Because dangerous driving is a more serious offence than careless driving you have not been prejudiced by the warning. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention ofsection 2orsection 3of the Road Traffic Act 1988. WebA NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. the offence of speeding) often cause a high degree of alarm. These rules apply irrespective of the alleged offence. Can you Make an Accident Claim While Working from Home? In these cases, The civilians report the matter to the police who visit the accused 10 days later. Usually, but not always, the two things are contained in the same letter. Also, please see my website pragmalaw.co.uk. WebIf you own the vehicle and you are the registered keeper of the vehicle, the notice of intended prosecution should be sent to your registered home address within 14 days of the offence. For examaple the police may charge you with Speeding in Scotland but warn you that you could be prosecuted for careless or dangerous driving in Scotland. In these cases, once the driver has been identified, a fixed penalty for 3 points and a 100 fine is likely to be offered. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. It is also know as a section 1 warning. In cases where injury or damage to property has occurred then the requirement for an NIP does not apply.We often advise clients to make no comment when questioned by the police, beyond the formal details, of name, address and sometimes, date of birth. There is a definite consistency in terms of the questions we are asked. That person should then identify you as the driver. Even if you cannot remember who the driver is, you must provide all the information that you can, such as the names and addresses of all potential drivers. It should also be noted that the burden of proof lies with the accused. This is usually determined by whether you have been stopped by the police or not. If there was any doubt as to the importance of a Notice of Intended Prosecution, they were laid to rest by the Lord Justice General Carlowayin paragraph 8 of the case of Scrimgeour-Wedderburn v PF Kirkcaldy [2019] HCJAC 57 when he said: A notice of intended prosecution is not a mere administrative act. WebIf the notice of intended prosecution and section 172 Notice is received within the 14 day period, the registered keeper then has a period of 28 days within which to confirm the drivers details. Whether in oral or written form, it is a statutory prerequisite to the prosecution of certain road traffic offences. https://www.pragmalaw.co.uk/notice-of-intended-prosecution-14-day-time-limit/check-if-your-nip-is-late/, 14 day Notice of Intended Prosecution (NIP) Rule, The driver at the time of the offence, or. Back in 2018, David Beckham was reported as having relied on the 14 day Notice of Intended Prosecution (NIP) loophole to avoid a speeding conviction. This depends. The NIP must be served on If you think any major errors get professional advice from a lawyer. For example, it does not apply to offences of using a mobile phone while driving. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. Copyright 2023 First4Lawyers Limited. that there are exceptions to this rule. The time limit for an oral warning is strict. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. 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. This is usually determined by whether you have been stopped by the police or not. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. If the police have stopped you at the roadside and charged you with one of the above offences it is likely you will receive a verbal section 1 warning. You will pay a surcharge of 10% of the fine (the minimum is 30) and 85 costs. Why have I received a 'Requirement to Identify the Driver' How Much Compensation Will I Receive for a Fall? It can be intimidating to receive one of these notices, so weve put together this guide to help you work out what to do. the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably 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. In reality, I'm not sure whether that works when the notice is served on the registered keeper rather than the driver. The timeframe for service of a Notice of Intended Prosecution on the registered keeper is 14 days. 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. Section 1 of the Road Traffic (Offenders) Act 1988 states that a person cannot be convicted of a relevant offence unless they have been warned at the time or they (or the registered keeper) receive a Notice of Intended Prosecution (or a summons/complaint) within 14 days. 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. There is no legal obligation to respond to a Notice of Intended Prosecution. The NIP has a procedural purpose. The second is where the police have receive a report from a member of the public of a relevant offence or the police have witnessed an incident but not warned the driver at the time. Third, the registered keeper then has 28 days to respond, identifying the driver. Falling Down Stairs: Is it a Personal Injury? 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. 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. If not they can face prosecution for failing to identify the driver. What Percentage Do Solicitors Take for No Win No Fee Claims? If the postal date suggests that the 14-day rule has not been complied with, the task of proving non-conformity is relatively easy. Many people who have received a Notice of Intended Prosecution for speeding are understandably concerned when the Notice makes reference to a possibility of prosecution for careless or even dangerous driving. It is for the accused to prove that he did not receive a warning (or the correct warning). The first, and most usual, is where a motorist has been captured by a speed camera. There is no requirement to respond if you have received a Notice of Intended Prosecution. We have the highest satisfaction rating of any road traffic firm in the UK. What Is Sexual Orientation Discrimination? The main exception is if there is an accident. It is this person that must receive the warning within 14 days. This started my journey in the legal sphere. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. This does not invalidate the warning. Step 1 you receive a Notice of Intended Prosecution. One will suffice. Yes, subject to certain exceptions. 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. More serious offences such as dangerous driving have no time limit. It is settled, therefore, that being charged with dangerous driving at the time of the incident will also fulfil the purpose of a section 1 warning. A requirement to identify the driver is a requirement under section 172 of the Road Traffic Act 1988. You can request photographic evidence by sending an email to your, What can I do if I disagree with the notice of intended prosecution?, How do I complete a notice of intended prosecution?. Thank you for your interest in this post. The time limit for a written warning is 14 days from the date of the offence. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. A Section 1 warning is not required for every alleged road traffic offence. Just give us a call, request a call back or make an enquiry here. Theyll have the experience and knowledge you need to give yourself the best chance of defending yourself against the notice. Theburden of proof is on the defendant on the balance of probabilities. If there is also a requirement to identify the driver you still need to respond to this. Learn more here . Additionally only the registered keeper requires to receive the warning within 14 days. The main exception is if there is an accident. We are road traffic law experts. Finally the driver will then be sent their own Notice. This position is based upon our outstanding track record and commitment to client care. However it is clear that something of real significance must occur. A notice of intended prosecution which says that the police want to prosecute us for a driving offence. | Punishments and Defences. The No Win No Fee Personal Injury Lawyers. 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. Within 14 days of your car being caught speeding youll be sent a notice of intended prosecution and a section 172 notice. The timeframe for service of a Notice of Intended Prosecution on the registered keeper is 14 days. Your Enquiry Details: (required) 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. It is another matter, however, if your name is completely incorrect. by Alex Ashcroft | Sep 8 2021 | Criminal Defence. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. On the other hand, if you are warned for dangerous driving, this will suffice. Where did it happen? 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. Where did it happen? (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 more serious cases (high speed speeding or dangerous driving, for example), a prosecution is likely to follow. The Notice is simply what the It should also be noted that a section 1 warning does not require a particular form of words. 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. 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. In fact, you can then be fined up to 1,000 for not updating your address with the DVLA. The dissolution process is discussed in this article. The purpose is to keep a fresh memory of the alleged event in the mind of the defendant. This is perfectly competent but it can also create confusion. In such a case (subject to certain exceptions), the driver can only be convicted of careless driving. Advice for motorists who have received notices of intended prosecution. You are free to choose another solicitor. It is a warning that you may be prosecuted for a certain offence or offences. Within the same letter will be a requirement to identify the driver. speeding), The most common reasons you might receive a notice of intended prosecution. The time limits, at the time of writing, are 12 months for speeding or careless driving offences. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. 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. WebReceived a Notice of Intended Prosecution If you have received a Notice of Intended Prosecution (NIP), you can either accept the fixed penalty and points, elect to attend our Driver Awareness Scheme if eligible, or elect a court hearing. Please note this excludes claims for Road Traffic Accidents where customers typically pay 30% + VAT due to changes introduced through the Civil Liability Act 2018. For example there is no requirement to serve a Notice of Intended Prosecution if there has been an accident. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988which provides: (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and placewhere it is alleged to have been committed, was(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.1A) A notice required by this section to be served on any person may be served on that person(a) by delivering it to him;(b) by addressing it to him and leaving it at his last known address; or(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. Cases where the NIP has been served late; Cases where the NIP has not been received at all. OPLA does not charge a filing or application fee to receive, process, or consider PD requests. Furthermore, if the evidence is substantial, a criminal defence lawyer can assess if any mitigation circumstances apply to your situation as they understand the nuances of road traffic legislation. The law provides that a warning for the lesser counts as a warning for the greater. Have You Been Involved in an Accident That Wasnt Your Fault? It is important to note that there are exceptions to this rule. Therefore, using an expert criminal defence lawyer is essential. When deciding whether to enter a plea, you should always seek the advice of an experienced road traffic offence lawyer.. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. Your Enquiry Details: (required) 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. These records are based upon the address recorded First the registered keeper will be identified. The Notice is simply what the name suggests. Second, the Notice will be sent to the registered keeper within 14 days. Civil partnerships were introduced to offer LGBT couples the option of a legal union. The warning at the time does not require a specific form of wording so long as the meaning is clear. A Section 1 warning is not required for every alleged road traffic offence. 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. Your email address will not be published. If you are the car owner, you have a legal obligation to ensure that your correct address is up to date. It doesnt mean that you will certainly face prosecution. It is for the accused to prove that he did not receive a warning (or the correct warning). Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. If you have only received a Notice of Intended Prosecution, you need to wait and see if you are prosecuted. It is possible that your car has been cloned. If we do not, the police will usually prosecute us. That is probably when the worry sets in. The police have caught you driving through a red traffic light.. 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. Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. When sending the notice of intended prosecution, ensure you get proof of postage detailing when and where it was posted.. They do not, however, require to do both. They are often used when a law enforcement agency believes that an individual has committed a crime and that the individual should be arrested. The Department and the Commission recognize the benefits of global settlements, that is, settlements that simultaneously A written Notice of Intended Prosecution will usually be issued in one of two circumstances. Seek legal advice straight away. It should also be noted that the burden of proof lies with the accused. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. They are completely different things whose terms are used interchangeably probably because they are usually contained in the same letter.
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