It is also know as a section 1 warning. The warning at the time does not require a specific form of wording so long as the meaning is clear. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. This could be money spent on petrol, refreshments etc. Sec. 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. 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 The main exception is if there is an accident. These rules apply irrespective of the alleged offence. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. etc. Call us at 0151 601 3743 and get a free initial consultation. This is usually determined by whether you have been stopped by the police or not. 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. If you have received this email in error, please notify the sender and delete it from your system. Do I need to respond to the Notice of Intended Prosecution if I wasn't the driver/if I received it outwith 14 days etc. If you want to appeal you have to go through the court, not the police. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Advice for motorists who have received notices of intended prosecution. The police may also obtain the details of the directors of the company and issue separate documentation on them where the company does not cooperate with its requests for information. If the requirement to provide this information is not complied with, a summons may be issued for failure to furnish information contrary to section 172 Road Traffic Act 1988. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. Its important to check your records for any penalty points on your driving licence. One will suffice. In those circumstances there is no need for a warning. The law provides that a warning for the lesser counts as a warning for the greater. 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. need to be a collision or damage. It is for a speeding offence on a motor scooter which yes, we own, but it was nowhere near London when the alleged offence took place. The offences to which it applies are found inSchedule 1 of the Road Traffic (Offenders) Act 1988. Can I see photographic evidence relating to the offence? Seek legal advice straight away. 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. 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. This is made clear in. The information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. 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. TITLE 1. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. In those circumstances there is no need for a warning. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). he or she has insurance to drive the vehicle at the time of the offence. This stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. However, this does not apply to That is probably when the worry sets in. The Police are not under a duty to send reminders. Are there any defences to not complying with a NIP? The NIP is simply what the name suggests. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible If you are a probationary driver & get 6 points for this offence your licence will be revoked. We use cookies to help improve your experience and our services. What if I moved house and didn't receive the NIP? These rules apply irrespective of whether the alleged offence is Speeding in Scotland, Careless Driving in Scotland or Dangerous Driving in Scotland. WebNotice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. 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. They do not, however, require to do both. 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. The European Court of Human Rights decided that drivers do not have a right of silence and ARE required to answer the identity question in terms of Section 172 of the Road Traffic Act. Who is the registered keeper of a vehicle? In that time, I received a Notice of Intended prosecution for running a red light. The requirement is to provide those details within 28 days. Therefore, it is rarely a good idea to ignore the NIP. A. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. You may have to go to The main exception is if there is an accident. the offence of Speeding in Scotland) often cause a high degree of alarm. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. A Section 1 warning is not required for every alleged road traffic offence. The civilians report the matter to the police who visit the accused 10 days later. The first, and most usual, is where a motorist has been captured by a speed camera. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 1 Road Traffic Offenders Act 1988. the offence of speeding) often cause a high degree of alarm. If there is also a requirement to identify the driver you still need to respond to this. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. It is all we do every day nothing else making us a leader in our field. 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. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. If you were stopped by the police it may have been given verbally. However in certain circumstances the Crown may be precluded from obtaining a conviction. 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. If a car is registered to a limited company, or the company is the customer of the lease company the NIP will be sent to the limited company. The registered keeper is the person listed by DVLA . 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. One will suffice. 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. The Notice of Intended Prosecution (NIP) will ask the registered keeper of the vehicle to name the driver or rider at the time of the alleged offence; theyll be the same person or a family member in most cases, but sometimes it wont be so straightforward, and itll be an unknown friend of a friend. The driver has left the country. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. The purpose of the NIP is to ensure that sufficient notice is given to the registered keeper or the driver of the vehicle that they could be prosecuted whilst events are still fresh in their mind. It can only be issued at the time of the offence. 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. 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 such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. We are road traffic law experts. The deadline to respond is today. For example, if you lease your car, the lessor will be the registered keeper. The time limits are the same irrespective of the offence. The police normally serve the initial NIP and requirement for identity of the driver on a limited company if it is the registered keeper of the vehicle. RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? For examaple the police may charge you with Speeding in Scotland but warn you that you could be prosecuted for careless or dangerous driving in Scotland. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 The Notice is simply what the name suggests. The key point is whether the proceedings were issued in time. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. But dont take our word for it. Between January 1 and June 30 the Met received 4028 cases with footage sent by the victim. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. On the other hand, if you are warned for dangerous driving, this will suffice. From feedback we have received, our clients are not always sure if they have been issued with such a warning. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. It should also be noted that the burden of proof lies with the accused. However a warning for careless driving will not suffice in respect of dangerous driving as the latter is a more serious charge than the former. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. If the company fails to respond it cannot be subject to penalty points as only private individuals can have driving licences. The limited company is then under the same obligations as an individual so far as the NIP is concerned. WebIf you want to appeal and go to court. It is a warning that you may be prosecuted for a certain offence or offences. If you do not comply with a NIP & have no defence, your licence will be endorsed with 6 points & you will face a variety of financial penalties, including a fine. If you see errors that relate to your name, address or date of birth, you should correct them.
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