These rules apply irrespective of the alleged offence. 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. Cases in which the defence of non-conformity is raised tend to fall into two categories: Late service can often be easier to prove than non-receipt. Anyone receiving such a requirement is legally obliged to identify the driver. Fourth, sometimes the person identified is not the driver. 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. This must be received within 14 days of the alleged offence. Ifnot, the driver will have a legitimate defence. How Much Compensation Will I Receive for a Fall? 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. Notice Of Intended Prosecution: What Next? | Caddick Davies But be very careful because a letter headed Notice of Intended Prosecution may well contain a requirement to identify the driver under section 172 of the Road Traffic Act 1988. Just tell us what you need help with and well call you back to arrange a meeting. The time limit for an oral warning is strict. Without a doubt, this is the most common question. Most notices of intended prosecution are for speeding. 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. "Failure to provide", attracts a 6 penalty point endorsement. You legal obligation to respond applies irrespective of time limits or whether you were the driver. If you fill in and send back the notice of intended prosecution confirming that you were the driver at the time of the driving offence, the police or the Crown Prosecution Service (CPS) will then have the option to inform you that: Please note, if you send back the completed notice stating that someone else was driving your vehicle, they will receive a notice of intended prosecution addressed to them and have a legal obligation to respond., You can request photographic evidence by sending an email to your local police station.To gain access to the information, you must provide the following information:. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. This is where it gets a bit technical. 5 Top Tips for Making a Personal Injury Claim. Revenge Porn | Everything You Need To Know, What is Indecent Assault? Why should a driver be criticised for relying on a defence set out in law? It is also know as a section 1 warning. It is this person that must receive the warning within 14 days. Notice of intended prosecution 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. The key words here are registered keeper and may. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. It is equally important to be aware that an accident does not require a collision. In these cases, What happens after a notice of intended prosecution? You can reject it if you wish (by simply not paying it). Received a Notice of Intended Prosecution If you dont respond or respond outside of the time frame, you may be subject to a separate criminal offence of failure to provide driver information. Q & A Safety Cameras Scotland All Rights Reserved. This does not invalidate the warning. The so-called 14 day Notice of Intended Prosecution (NIP) Rulewas usedby countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many others. I have a lot of people contacting me about this issue and sometimes have difficulty finding time to respond to each individually. Your email address will not be published. The timeframe for service of a Notice of Intended Prosecution on the registered keeper is 14 days. It needs to be made clear Furthermore, if you find that you have made any errors related to your name, address or date of birth, you should correct them. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. 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. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. You may not realise that you have a defence until you have discussed your case with an experienced solicitor. Were here to assist. by Alex Ashcroft | Sep 8 2021 | Criminal Defence. (4) Schedule 1 to this Act shows the offences to which this section applies. We have the highest satisfaction rating of any road traffic firm in the UK. The time limit for a written warning is 14 days from the date of the offence. We are open as normal during the Coronavirus lockdown and are able to help with all your legal needs. Make a Motion asking for Mediation. The dissolution process is discussed in this article. Know, however, that a prosecutor may dismiss or drop a case and The 14-day requirement only applies to the first NIP sent. 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. It may be a leased car, for example. By the same token, the police must abide by their own rules and time limits. The majority of these are speeding or red light First the registered keeper will be identified. The civilians report the matter to the police who visit the accused 10 days later. In those circumstances there is no need for a warning. A motorist caught on speed camera should receive a written warning, for example. 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 the postal date suggests that the 14-day rule has not been complied with, the task of proving non-conformity is relatively easy. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. 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. by LGBT Lawyers | Mar 9, 2023 | Family Law. Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. This is usually determined by whether you have been stopped by the police or not. 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 that there are exceptions to this rule. A requirement to identify the driver is a requirement under section 172 of the Road Traffic Act 1988. 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), Section 1 of the Road Traffic (Offenders) Act 1988. The requirement to warn of prosecution does not apply if there was an accident. The authorities can require this information at any time and failure to respond is likely to result in prosecution. I was captured by an unmanned camera going 11mph over the speed limit in an Amazon van (Amazon didn't give me any training telling me the vans speedlimit was 60mph on a dual carriageway). Indeed many of our cases have essentially boiled down to legal arguments as to whether an accident has occurred or not. 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. 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. You can find our terms of use, privacy policy and our cookie policy here. The majority of these are speeding or red light offences. MET Portal - Metropolitan Police If you are the car owner, you have a legal obligation to ensure that your correct address is up to date. They are completely different things whose terms are used interchangeably probably because they are usually contained in the same letter. Settlements and Dispositions 16. 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. You will not receive a NIP if you were pulled over by the police for speeding and given a verbal warning of prosecution or if your speeding was a factor in a road traffic accident. Have You Been Involved in an Accident That Wasnt Your Fault? Why Criminal Charges Against You May Be Dismissed - HG.org It can only be issued at the time of the offence. The warning at the time does not require a specific form of wording so long as the meaning is clear. It is this person that must receive the warning within 14 days. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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.