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. Metropolitan Police In those circumstances a verbal warning will not suffice. Make a note of when and where you posted it; 7. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. If the details are incorrect or, out of date then put the correct details in your reply; 5. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). What if it was not my car caught by the camera? If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. Speeding The warning at the time does not require a specific form of wording so long as the meaning is clear. 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. Some detailed information in respect of certain offences is contained in our learn more boxes below. Notice of Intended Prosecution Only that person can respond. 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. The messages are certainly of interest to the public and, given the insights they provide into how government (and the media) dealt with the pandemic Does the Crown need to prove they sent a Notice of Intended Prosecution? Here's a list of what you need to do: 1. Such a subsequent warning must be delivered (a) within 14 days and (b) must be in writing. The law provides that a warning for the lesser counts as a warning for the greater. Notice Of Intended Prosecution | A Complete Guide 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 The police will often do both. Notice of intended prosecution In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. 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. It is for the accused to prove that he did not receive a warning (or the correct warning). The police must serve the notice on either the driver or the registered keeper. Notice of intended prosecution Vasilica Ciobanu made this Freedom of Information request to Metropolitan Police Service (MPS) This request has been closed to new correspondence. So, for example, someone is seen by civilians contravening a solid white line or witnessed undertaking or tailgating, all classic examples of careless driving in Scotland. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. This is because the letter usually also warns the driver that they may be prosecuted for dangerous driving or careless driving. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The offences to which it applies are found in. Their phone lines are closed and I can't speak to anyone via 101. Your Enquiry Details: (required) MET Portal - Metropolitan Police The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. A motorist caught on speed camera should receive a written warning, for example. 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. This is because the letter usually also warns the driver that they may be prosecuted for Dangerous Driving in Scotland or Careless Driving in Scotland. What exactly is a NIP? If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. One will suffice. It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. Have you received a Notice of Intended Prosecution (NIP)? If you are caught doing this, you take the risk of an immediate prison sentence. NDAs and the Public Interest a beginners guide for Matt This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. Notice Of Intended Prosecution: What Next? | Caddick Davies Near misses may constitute accidents but it will depend on the precise nature of the event. 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. It should also be noted that the burden of proof lies with the accused. The case has been brought against the person named here. What can I do? It can only be issued at the time of the offence. So, for example, someone is seen by civilians contravening a solid white line or witnessed undertaking or tailgating, all classic examples of careless driving in Scotland. Finally we deal with some frequently asked questions. No. Operation Snap For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. The time limit for a written warning is 14 days from the date of the offence. You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. 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. 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. 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. As an example, a speed of 95mph or more in a 70mph zone will generally always result in an SJPN being issued as this is speed too high for either a Speed Awareness Course or offer of a fixed penalty. 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. the make & registration number of the vehicle; the date & time when the alleged offence was committed; and, you cannot identify the driver nor anyone who potentially could have been the driver; or. I have a speeding ticket purportedly from the Met, but Sharing dashcam footage Yes, subject to certain exceptions. It is possible that your car has been cloned. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. 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. 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. The police sometimes do not always use the words speeding or careless driving or dangerous driving. You have to personally complete, sign and post it. A Director or, possibly a Fleet Manager should complete & return the NIP identifying the driver making it clear that they have authority to do so. THE RULE IN PRACTICE. 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. NJ Office of the State Comptroller The key point is whether the proceedings were issued in time. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. 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. 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. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. Notice of Intended Prosecution MET (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 place where 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. Under s1 Road We have found that the written warnings received by drivers caught on speed camera (i.e. Its important to check your records for any penalty points on your driving licence. (4) Schedule 1 to this Act shows the offences to which this section applies. WebPENAL CODE. If, however, you are the registered keeper and you receive a written Section 1 warning after 14 days have elapsed then the prosecution against you may be fatally flawed. Apart from the available photographic evidence which may immediately show that you could not have been the driver, Police have recently started using mobile phone masts to establish the location of an individuals phone when the alleged offence was committed. 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. WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. Posting the notice within 14 days 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. In the vast majority of cases, such a prosecution will not happen. The warning at the time does not require a specific form of wording so long as the meaning is clear. 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. Under s2 (3) Road Traffic Offenders Act 1988, an exception to the requirement to serve a notice of intended prosecution may apply if the police are unable to trace the registered keeper of the vehicle within sufficient time to serve it within 14 days. It would be best to get legal advice as to the exact basis on which you are going to contest the charge & the evidence that you and/or others may have to give. They do not, however, require to do both. 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.