Failure to provide such information constitutes a separate offence. One will suffice. This depends. What should I do? Common offences that require an NIP on the These rules apply irrespective of the alleged offence. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. This is made clear in. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible It should also be noted that the burden of proof lies with the accused. BURDEN OF PROOF. In order to identify the driver committing the offence, police must also usually serve a Notice of Intended Prosecution to the registered keeper of the vehicle concerned within 14 days of the offence. WebIf you've been caught speeding by a speed camera, or you've been stopped by the police, you'll be sent a Notice of Intended Prosecution and a Section 172 Notice within 14 days. 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. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. 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. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. 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. If there is also a requirement to identify the driver you still need to respond to this. Finally we deal with some frequently asked questions. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. In those circumstances a verbal warning will not suffice. The Reminder does not extend the time for complying with the original Notice. If you want to appeal you have to go through the court, not the police. WebIf a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. The civilians report the matter to the police who visit the accused 10 days later. 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. 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. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in 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. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. Who is the registered keeper of a vehicle? Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. In those circumstances a verbal warning will not suffice. Contained within the same letter is a requirement to identify the driver. 2.01. The last thing you want to do is to state that someone was driving based on poor quality B/W photos & when you arrive at Court you are shown clear colour pictures demonstrating you were wrong. 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: I have got a fixed penalty notice. 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. Alternatively the matter may proceed straight to Court. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. Or call our helpline: 01752 487701. 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 because dangerous driving and careless driving are statutory alternatives by virtue of. Under s2 (1) Road Traffic Offenders Act 1988, if an accident has occurred this dispenses with the need to serve a notice of intended prosecution as the accident itself is deemed to put the driver on notice that they could be prosecuted. 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. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. 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. However it is clear that of real significance must occur and, often, near misses may constitute accidents. You must comply with a NIP within 28 days. The purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory. WebPENAL CODE. If convicted, the company can only face a financial penalty. TITLE 1. A Section 1 warning is not required for every alleged road traffic offence. CHAPTER 2. the offence of Speeding in Scotland) often cause a high degree of alarm. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. 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. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. A Section 1 warning is not required for every alleged road traffic offence. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. that there are exceptions to this rule. The Notice is simply what the name suggests. Are there any defences to not complying with a NIP? 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. In the vast majority of cases, such a prosecution will not happen. Research shows that this is one of the fastest growing types of motor-related crime. A Section 1 warning is not required for every alleged road traffic offence. I was warned for speeding. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. 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. The Notice is simply what the name suggests. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. That person should have the V5C document for the vehicle. A written Notice of Intended Prosecution must include the nature of the alleged offence and the date and place it was alleged to have been committed. The time limit for a written warning is 14 days from the date of the offence. Cloning happens when someone uses the same number plate that is registered to your car to avoid paying fines, road tax, insurance or engage in criminal activity. It will give you an idea where the offence took place and which court area will be dealing with the case. What happens if I knowingly provide false information as to who was driving? Why So Much Free Information Whats The Catch? 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. 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 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 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. The police sometimes do not always use the words speeding or careless driving or dangerous driving. If the registered keeper for a vehicle received a NIP more than 14 days after the offence was committed, then it should be invalid & any subsequent prosecution will have to be abandoned. 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). In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. We are road traffic law experts. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. 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. They are normally sent out when there is about 7 days of the original time limit remaining. If you see errors that relate to your name, address or date of birth, you should correct them. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. If the vehicle was not stopped at the time it may be served by post on the registered keeper of the vehicle within 14 days. 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. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. While this may seem a decision with no risk of repercussions, you cannot be certain of that. However, if there was a number of possible drivers you should include in response the names, addresses and dates of birth of them all, explaining why you are not sure who the driver was. In very simple terms, it is a document that provides sufficient notice to the registered keeper or the driver of the vehicle that they may be prosecuted for a driving offence. The time limit for an oral warning is strict. I have got a fixed penalty notice but I cannot afford to pay the whole amount. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. The response form included is for the requirement, not the Notice. Moreover you can only be successfully prosecuted if you are warned for the correct offence.