The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. Failure to do so will entitle the prosecution not only to seek an adjournment but also to cross-examine the defendant on his failure to give such notice so that the court may consider whether that failure reflected upon his bona fides, see DPP v O'Connor [1992] RTR 66, an authority which is also helpful on the procedural requirements and the general approach to be adopted. Current timestamp: 02/03/2023 01:38:55 . The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. Notice of Intended Prosecution. If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. These are referred to as disqualification of persons under age. Where the police refer a case involving a Self-balancing Personal Transporter to the CPS, the prosecutor should, as is usual, consider the facts of the case, having regard to the licensing considerations set out above, and apply the two stages of the full code test in the Code for Crown Prosecutors when deciding whether or not a prosecution should proceed. If the points will take you over the 12-point maximum, leading to a minimum six-month ban, you may wish to pursue a plead of 'exceptional hardship'. 14 July 2015 at 5:34PM. 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. . As a consequence, any user of such a vehicle on a public road is likely at the very least to be committing the offences of using the vehicle without insurance and using the vehicle without an excise licence. Stephen Oldham Solicitors | Notice of Intended Prosecution (NIP Proceedings cease to be specified if a magistrates' court begins to receive evidence in those proceedings other than evidence that is: Proceedings for an offence mentioned in the Schedule are not specified if the defendant is charged under s.37(7)(d) Police and Criminal Evidence Act 1984 (PACE 1984) or the defendant is less than 16 years old at the time when a summons or requisition is issued in respect of the offence - S.3(1A and B) Prosecution of Offences Act 1985. This guidance assists our prosecutors when they are making decisions about cases. Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under s.103 RTA 1988 by virtue of section 103(4) RTA 1988. The requirement is to provide those details within 28 days. I cannot prove this ( I do have a couple of texts I sent around the time stating . Production of driving documents at the police station in the first instance must be encouraged. So what exactly is a written NIP? speeding) The time & date of offence. The vehicle caught speeding . 14 July 2015 at 5:34PM. The use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. A Notice of Intended Prosecution (NIP) / Requirement for Driver details (172) must be completed and returned within 28 days of the date on the form. However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. There will be occasions where although the offence under section 22A is made out, the charging of one of the less serious offences listed above will be more appropriate. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. Notice Of Intended Prosecution (NIP) - Dont Disappoint Me The exceptions include: Section 24 RTOA 1988 (as amended by the Road Safety Act 2006) allows a court which has returned a verdict of 'not guilty' to certain either way and summary offences, to convict for a specified alternative offence, provided that the content of the information or indictment amounts to an allegation of such an offence. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. by serving the defendant with a summons within 14 days of the offence; or. Under s.143(1)(a) RTA 1988 "a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person a policy of insurance ". This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. Single Justice Procedure Notice. When dealing with offences specifically relating to the use of forged documents contrary to s.173(1) RTA or s.44 VERA, the document concerned must be one of those listed within the relevant section. (b) the condition of the vehicle, Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. A mechanical defect of which the driver was unaware, may amount to a defence (see R v Spurge [1961] 2 All ER 688), as will the loss of control over the vehicle due to circumstances beyond the control of the driver (see Burns v Bidder [1966] 3 All ER 29). Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. All offences under the Road Traffic Regulation Act 1984 other than those under sections 35A(2) , 43(5) and (12) , 47(3) , 52(1) , 108(3) , 115(1) and (2) , 116(1) and 129(3) or those mentioned in paragraph 1 above. it was clear that in requiring the production of records the Community legislature took account of the need to ensure effective checking; while there was no express power to require the coach operator to hand over tachograph records to the Vehicle Inspectorate, the operator was nevertheless required to produce and hand over such records on demand if such a request was made to him; it was within the discretion of the authorised officer whether he chose to inspect the records at the operator's premises or take them away for more thorough and detailed analysis; the authorised officer should also permit the operator to take copies of any record he proposed to remove from the operator's premises. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. If you do not receive it within 14 days, any prosecution may be considered invalid. See also DPP v Vivier [1991] Crim LR 637, DPP v Neville [1996] 160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others [1998] 4 All ER 417. The issue of the defendant's conduct and any increased costs involved should be carefully considered and noted, and a departure made from the locally agreed standard costs application, where there has been an increase in prosecution costs. The law relating to tachographs falls into two categories: The rules governing the mechanical operation of tachographs are set out in EEC Regulation 3821/85 and that covering the hours permitted are set out in Regulation (EC) 561/2006. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. In. However, the Divisional Court held that the purported restriction fell within s.148(2)(e) and was therefore void. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. As a general rule, if you're caught travelling in excess of 45% . information online. Notice of Intended Prosecution (NIPs) | Kent Traffic Law There may, from time to time, be cases that call for exceptional treatment and departure from the normal procedures. Proof of disqualification is essential. A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment. Such a warning is normally known as a "notice of intended prosecution", or NIP. This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. Contravening a traffic signal. Copyright Roadtrafficlaw.com Solicitors Ltd (c), 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). Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. The National Protocol for Production and Inspection of Driving Documents 2002, see Annex A below, provides guidance on production of such documents. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. It is essential to check files when powers have been exercised to ensure the material sought to be exhibited has been obtained lawfully in order to rebut any application under s.78 PACE. The offences arising by contravention of Regulations 3(9)(a) (involving a pedal cycle) and 3(9)(b) and 4(27), (28) and (30) of the Royal and Other Open Spaces Regulations 1997. All agencies should be alive to these cases in the interests of justice and respond as required, but no actions should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim. It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. . A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence s.2(1) Magistrates' Courts Act 1980. Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. The Notice must be sent to the registered keeper to arrive within 14 days of the offence. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. A. Magistrates & Crown Court Trials. Other ways to contact the Speed Enforcement Unit. Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. Certain exceptions do apply however where it can be shown that the keeper did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was (S172.4). However, if a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Where a summons or requisition has been issued in respect of an offence mentioned in Parts 1 and 2 of the Schedule, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless the defendant is also served with a statement of facts and written statement/s. You can find more information about replying to your Notice of Intended Prosecution (NIP) on our website. 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. You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. For further commentary see (Wilkinson's 6.01). Further a motorist who fails to produce the documents may commit an offence by their non- production. The burden of establishing an exemption under the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 rests on the defendant on a balance of probabilities - Gaunt and Another vNelson [1987] RTR 1. A sample notice is attached at Annex A below. Additionally, the user would need a driving licence and motor insurance. Court Summons For Speeding: What Are Your Next Steps? Section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway); Section 131(2) Highways Act 1980 (obliterating or pulling down a traffic sign). The offences under sections 3 , 17(2) , 18(3) , 24(3) , 26(1) and (2) , 29 , 31(1) , 35 , 42(b) , 47(1) , 87(2) , 143 , 163 , 164(6) and (9) , 165(3) and (6) , 168 , 170 and 172(3) RTA 1988. Assessment of the role played by each person in the company/operator in the case of large scale prosecutions; Whether there has been systematic flouting of the law resulting in widespread falsification of records endorsed by management. Q & A Safety Cameras Scotland The offence under section 5 of the Public Order Act 1986. Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". This is not the case so far as the employers or persons in authority are concerned. Start now. However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. No notice is required if a full or provisional fixed penalty notice has been given or fixed (under the Provisions of the Road Traffic Offenders Act 1988) or if there is an accident involving the vehicle in question (of which the driver is aware). 1503 & 1507. third party insurance. Despite the fact that offences involving falsification of charts have been both investigated and prosecuted as forgeries under the 1981 Act for many years, a combination of this decision and the Osman case demonstrates beyond doubt that false charts can constitute false instruments under that Act. It is regularly updated to reflect changes in law and practice. All these offences are summary, non-endorsable and punishable with a fine at level 4, and subject to a time limit of six months from the date of the offence. NIPs to the Wrong Address - David Barton | Motorist Lawyer A. Totting Up Penalty Points. The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 specifies proceedings for the offences set out in the Schedule (see Annex B) for the purposes of s.3 Prosecution of Offences Act 1985 if those proceedings are commenced by the prosecution so as to give an opportunity of pleading guilty by post under s.12 Magistrates' Courts Act 1980 (MCA 1980). Plus, a document called a Section 172 notice. In computing the limitation period the day on which the offence was committed is not included. The legal loophole you can use to avoid paying a speeding fine Time which he necessarily spends travelling (from a point to take over a vehicle subject to that Regulation) which is not the driver's home or the employer's operational centre; and. The Notice of Intended Prosecution, although issued in terms of Section 1 of the Road Traffic Offenders Act 1988, is often accompanied by a request to confirm the identity of the driver at the time it is alleged a road traffic offence has been committed. We are only a phone call away. It was held that the court could not go behind the prosecutor's certificate save where the certificate was inaccurate on its face or in cases of fraud. This isn't straightforward and needs to be heavily evidenced. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. Making enquiries does not extend the 28 day time limit as stated on the NIP. If you have received a notice of intended prosecution you may be wondering what it is, read on. If you receive a summons or postal requisition or Notice of Intended Prosecution in relation to a motoring offence, it is important to know whether the Police have complied with . A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. A Notice of Intended Prosecution must be served on the vehicle's DVLA registered keeper within 14 days after the date of the alleged offence. Notice of Intended Prosecution - NIP | Transports Friend It is a matter for police investigation. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers The NIP must be served on the registered keeper of the vehicle within 14 days of the offence otherwise the offence can't proceed to court. 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. A. . CPS and court staff are not trained in the detection of fraud. You have 28 days to appeal your recorded police warning. Where agreeable, and in the absence of any grounds for suspicion, it may be possible to agree (such agreement to include that of the defendant) the use of a facsimile copy or the documents to be sent to an agreed police station for verification and recording to take place while the case is stood down temporarily. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. Self-balancing Personal Transporters can be used on private property with the permission of the landowner. Many road traffic offences are purely summary and in most cases proceedings are taken by way of the laying of an information and the issue of a summons. . How to Properly Deal with a Notice of Intended Prosecution Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. We are regularly presented with the scenario when there is a degree of dubiety attached to . Records of all production of driving documents should be kept at police stations as a national standard to safeguard the needs of victims who may have a potential claim for personal injury or financial loss. Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. Section 6 applies to the following offences under RTA 1988: Section 37 of the Vehicles (Crime) Act 2001 amends the time limit in the Theft Act. This is a summary offence; Section 115(1) Road Traffic Regulation Act 1984 - the misuse of parking documents by, for example, lending a ticket issued by a parking meter to another person. For speeds significantly more excessive than the limit, penalty points and a fine will be issued. Failing To Name Driver - Section 172 Notice - Patterson Law The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. It may then be possible for your case to be dealt with in your absence, but only if you have been offered this opportunity in the other documents that are with the summons and you return the necessary documents to the court in time with the required details. All staff, including agents, and magistrates who deal with motoring cases should receive training so that they may be aware of the terms of this protocol. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com The police must serve the notice on either the driver or the registered keeper. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road s.103 RTA 1988.