If the recorded speed was too high for a speed awareness course (10 % above the speed limit + 9 mph is the usually applied threshold) then a fixed penalty may be offered. This is because dangerous driving and careless driving are statutory alternatives by virtue of. The case has been brought against the person named here. Failure to provide such information constitutes a separate offence. In road traffic cases, however, the accused person, if required under Section 172 of the Road Traffic Act 1988, is obliged to give information, within his knowledge about the identity of a driver of the vehicle involved in any such incidents. It is for the accused to prove that he did not receive a warning (or the correct warning). This is perfectly competent but it can also create confusion. While this may seem a decision with no risk of repercussions, you cannot be certain of that. 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. of prosecutions for certain offences. WebCriminal Forms. If you receive a requirement for information and do not know who the driver was at the time of the alleged offence, it is essential that you take advice from a specialist motoring solicitor. What should I do? One will suffice. We have found that the written warnings received by drivers caught on speed camera (i.e. On the other hand, if you are warned for dangerous driving, this will suffice. 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. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. I suspect it is a scam. The offences to which it applies are found in Schedule 1 of the Road Traffic (Offenders) Act 1988. Finally we deal with some frequently asked questions. INTRODUCTORY PROVISIONS. 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. 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. This depends. You should contest the charge & hopefully be able to evidence that neither you nor your car were at the location where the alleged offence occurred. These rules apply irrespective of the alleged offence. In those circumstances a verbal warning will not suffice. A warning for careless driving will not suffice in respect of a subsequent prosecution for dangerous driving in Scotland as the latter is a more serious charge than the former. Near misses may constitute accidents but it will depend on the precise nature of the event. From feedback we have received, our clients are not always sure if they have been issued with such a warning. 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. In the vast majority of cases, such a prosecution will not happen. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. (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. 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. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. The Verbal Notice of Intended Prosecution. 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. They are that you: You should also plead not guilty if you returned a validly completed NIP within the prescribed time period but, the Police say your reply was not received. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). When is a Notice of Intended Prosecution deemed Served? We do not charge for initial consultations and often provide free advice especially in the early stages of a case. 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. I have received an endorsable fixed penalty ticket and need to send my licence off but I am going on holiday and need my licence. It is for the accused to prove that he did not receive a warning (or the correct warning). Some detailed information in respect of certain offences is contained in our learn more boxes below. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. I've been away from home for the past 4 weeks. It should be noted in terms ofsection 2 of the Road Traffic (Offenders) Act 1988that there are exceptions to this rule. In such a situation, if you were driving and wish to challenge the allegation the best course of action will almost certainly be to confirm that you were the driver and to elect for the matter to be subject to Court proceedings. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. Make a note of when and where you posted it; 7. What can I do? The enquiries you should make of yourself & others include: Document the enquiries you make especially if they were made by email so that you can demonstrate the lengths you went to, so as to identify the driver. The information is intended to provide a basis for understanding the legislation. The warning at the time does not require a specific form of wording so long as the meaning is clear. If you want to appeal you have to go through the court, not the police. The main exception is if there is an accident. You will be regarded as not having complied with a NIP if you: The NIP should give sufficiently clear information to: The enquiries you should make of yourself & others include: Causing Death or Serious Injury By Dangerous Driving. But most Police forces do so. Therefore the knowledge of an experienced solicitor is invaluable at this stage.The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. Under s1 Road Traffic Offenders Act 1988, a Notice of Intended Prosecution must be issued to the driver or registered keeper of a vehicle identified as having been involved in a motoring offence. The warning at the time does not require a specific form of wording so long as the meaning is clear. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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 can you identify by reference to any diary where each person was at the relevant time; check mobile phones for the day in question (and earlier) to see if there are text messages, calls etc that may shed light on the whereabouts of any potential driver; check visa & credit cards to see if any of the potential drivers spent money on the route in question on the relevant date. The fact that you disagree with the allegation does not mean that you are entitled to withhold information in relation to the identity of the driver if it is required. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. 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 A Notice of Intended Prosecution is usually sent with a Request for Driver Information. 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. Does the Crown need to prove they sent a Notice of Intended Prosecution? Seek legal advice straight away. Who is the registered keeper of a vehicle? The main exception is if there is an accident. If you are caught doing this, you take the risk of an immediate prison sentence. The warning at the time does not require a specific form of wording so long as the meaning is clear. 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. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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. Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . 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. If convicted, the company can only face a financial penalty. I have got a fixed penalty notice. It is possible that your car has been cloned. Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. Cars are cloned more often than you might imagine. They are normally sent out when there is about 7 days of the original time limit remaining. What Is A Notice Of Intended Prosecution? Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. How long do the Police have to issue proceedings? This article will guide you through the most important things you need to know about a Notice of Intended Prosecution, and how you can properly deal with it. Please note that this includes being given a verbal Notice of Intended Prosecution by a Police Officer on being stopped at the time of the alleged offence. We use cookies to help improve your experience and our services. 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. 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. You may then be well advised to liaise with DVLA on getting a new registration plate. The police sometimes do not always use the words speeding or careless driving or dangerous driving. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. What happens if I knowingly provide false information as to who was driving? (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 those circumstances there is no need for a warning. 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.