Or call our helpline: 01752 487701. Frank Rogers Law is authorised and regulated by the Solicitors Regulation Authority SRA no 800795, Registered Office: Unit 3 Stadium Court, Plantation Rd, Bromborough, Wirral, Merseyside CH62 3QG, Possible Offences Covered by a Notice of Intended Prosecution. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. 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. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. ---Speeding OffencesDrink Driving OffencesCareless Driving OffencesDangerous Driving OffencesInsurance OffencesAppealsOther, Select Driving OffenceSpeeding DefenceDrink DrivingDrug DrivingCareless DrivingDangerous DrivingDriving Without InsuranceMobile Phone UseOther Offences. 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. Yes. 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. 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. The name and address of the defendant. WebThe types of offences that Operation Snap deals with generally have a 6 month time limit for prosecution. Do I have to surrender both parts of my licence? 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. If you admit to being the driver it does not necessarily follow that you accept having committed the offence as the police will still be required to prove all other aspects of the 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. 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. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Of them, 2305 were given a notice of intended prosecution, 353 people were given a warning and 1370 received no further action. We are road traffic law experts. It is possible that your car has been cloned. 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. In those circumstances there is no need for a warning. WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences. The police must serve the notice on either the driver or the registered keeper. The information provided on this website is true and accurate to the best of our knowledge and belief. It is this person that must receive the warning within 14 days. It is for a speeding offence Therefore, it is rarely a good idea to ignore the NIP. As addressed above, under DCF policies adopted in 2011 that remain in effect today, DCPP is required to accept and investigate all reports and referrals of child-on-child sexual abuse and child-on-child (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. 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. Within the same letter will be a requirement to identify the driver. Where did it happen? 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. However, it does not have a driving licence so it cannot get points. 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. The time limit for an oral warning is strict. Who is the registered keeper of a vehicle? The deadline to respond is today. However it is clear that of real significance must occur and, often, near misses may constitute accidents. When you receive it, you'll notice that the process can be confusing. 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. But they are not usually sufficiently serious so as to invalidate the Notice. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. A motorist caught on speed camera should receive a written warning, for example. This is perfectly competent but it can also create confusion. If you are also the registered keeper, this may well mean that you have a defence against the charge. Moreover you can only be successfully prosecuted if you are warned for the correct offence. The flash of a GATSO camera in your rear view mirror is often the start of that sinking feeling that lets you know that your licence may be in jeopardy. 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 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. Youll find information about the offence in the notice. It is all we do every day nothing else making us a leader in our field. 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. WebTo satisfy legislation under Section 1 of the Road Traffic Act 1988 the Notice of Intended Prosecution (NIP) has to be served within 14 days of the alleged offence on the Registered Keeper of the vehicle. 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. This is perfectly competent but it can also create confusion. What happens if a limited company does not comply with a NIP? It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. 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. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. The Laws of Noise An Enforcement procedure The NIP should be accurate. So, for example, someone is seen by civilians driving in an allegedly dangerous manner. There may be a further delay before you receive them. What if I moved house and didn't receive the NIP? This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. If the police have stopped you at the roadside and charged you with one of the above offences it is likely you will receive a verbal section 1 warning. The case has been brought against the person named here. 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. Finally, it is very important to note that a late Notice of Intended Prosecution in no way removes 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 you see errors that relate to your name, address or date of birth, you should correct them. In those circumstances a verbal warning will not suffice. (3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved. 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. he or she was in the country at the time of the offence; he or she has returned abroad or has gone abroad for an indefinite period; and. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. That person should then identify you as the driver. If you are being asked to name the driver, you should provide the details of the person you believe was driving. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged Speeding in Scotland offence. 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. All persons are It would be best to get legal advice as to the exact basis on which you are going to contest the charge & the evidence that you and/or others may have to give. In the vast majority of cases, such a prosecution will not happen. 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. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. There is no requirement for a warning if there has been an accident, for example, or the police failure is due to deliberate evasion on your part. Advice for motorists who have received notices of intended prosecution. Common 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.
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