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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. 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. 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. This is done by issuing a Notice of Intended Prosecution (NIP). It is this person that must receive the warning within 14 days. It is another matter, however, if your name is completely incorrect. It is possible that your car has been cloned. Contact us if you think it should be reopened. From feedback we have received, our clients are not always sure if they have been issued with such a warning. 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. Research shows that this is one of the fastest growing types of motor-related crime. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. he or she has insurance to drive the vehicle at the time of the offence. The letter is simply a base-covering style letter sent out irrespective of the seriousness of the alleged offence. If you cannot identify the driver, then you need to return the NIP with a covering letter either stating that: Make sure you send this response within the prescribed time limit & keep a copy of what you send. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. 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. Does it matter that my is spelled incorrectly? that there are exceptions to this rule. Yes. If the details are incorrect or, out of date then put the correct details in your reply; 5. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. It has to be sent within 14 days of detection of the alleged offence and has to specify: the nature of the alleged offence date and time the alleged offence happened the place the alleged offence happened. It is all we do every day nothing else making us a leader in our field. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. In order to identify the driver committing the offence, police must also usually serve a Notice of Intended Prosecution to the registered keeper of the vehicle concerned within 14 days of the offence. This happens more often than you think. WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). You must comply with a NIP within 28 days. 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 Why So Much Free Information Whats The Catch? 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. 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. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. The police must serve the notice on either the driver or the registered keeper. 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. There may be a further delay before you receive them. 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. The requirement is to provide those details within 28 days. If the company fails to respond it cannot be subject to penalty points as only private individuals can have driving licences. 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. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. WebCriminal Forms. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. Although a certain latitude can be allowed, significant errors as to time and/or place can potentially mean the Notice is invalid and cannot be relied upon by the prosecution. 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. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. WebOnce a Notice of Intended Prosecution or a verbal NIP has been received (eg in the police car after being stopped) the driver has to wait upto six months from the issue of the NIP written or verbal and if contested six months from the last correspondence in which the court can pursue him. It is for a speeding offence However it is clear that of real significance must occur and, often, near misses may constitute accidents. The time limit for an oral warning is strict. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. Within the same letter will be a requirement to identify the driver. That person should then identify you as the driver. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. It is a warning that you may be prosecuted for a certain offence or offences. 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. No. The warning at the time does not require a specific form of wording so long as the meaning is clear. Successfully defending a charge of Speeding in Scotland is a technical job and it needs someone with the knowledge, experience and court craft to win.The NIP can be issued verbally by police officers if you have the misfortune of being stopped by the Police at the time. If the police receive an admission from the person to whom the NIP has been issued that they were driving at the time of the offence there are three ways the matter can be progressed: If the offer of a speed awareness course is refused, the driver may accept a fixed penalty if one is available or alternatively they may elect to undergo Court proceedings. It should also be noted that the burden of proof lies with the accused. Requirement of warning etc. 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. A Notice of Intended Prosecution (NIP) is a notice issued by the police that informs an individual that they intend to prosecute them for a motoring offence. We do not charge for initial consultations and often provide free advice especially in the early stages of a case. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. The case has been brought against the person named here. Therefore, it is rarely a good idea to ignore the NIP. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. People who share the use of a car & receive a NIP may have a conversation as to who has the least points & who should admit being the driver when the offence was committed. We have the highest satisfaction rating of any road traffic firm in the UK. The notice is issued by the police in motoring cases. For example, if you lease your car, the lessor will be the registered keeper. The police sometimes do not always use the words speeding or careless driving or dangerous driving. The time limit for a written warning is 14 days from the date of the offence. This could have major repercussions for you. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. 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. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. If you were stopped by the police it may have been given verbally. WebIf a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. The first notice must be sent to the registered keeper of the vehicle This position is based upon our outstanding track record and commitment to client care. 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. 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. Or call our helpline: 01752 487701. In those circumstances there is no need for a warning. However in certain circumstances the Crown may be precluded from obtaining a conviction. If a driver fails to respond to such a requirement then he can still be charged with a contravention of section 172 which carries a punishment of 6 penalty points. 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 North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. They do not, however, require to do both. The time limit for an oral warning is strict. A Notice of Intended Prosecution is usually sent with a Request for Driver Information. If a NIP is sent by first class post it is deemed served 2 days after it was posted irrespective of the fact that it went to an address provided by DVLA that is no longer current for you. 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. It is this person that must receive the warning within 14 days. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. ), Patterson Law Limited is a law firm authorised and regulated by the. Who is the registered keeper of a vehicle? 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. 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. It is a warning that you may be prosecuted for a certain offence or offences. 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. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. This is perfectly competent but it can also create confusion. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. 2.01. 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. 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. This stems from the fact that a Notice of Intended Prosecution is sent under. You may lose your qualification to drive if you received 12 or more points within a period of 3 years. I was warned for speeding. TITLE 1. 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 As amended through January 27, 2023. The confusion arises because the two matters are often included in the same letter. This is made clear in, 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. The offences to which it applies are found in. 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. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. This does not invalidate the warning. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. 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. WebIf you want to appeal and go to court. It should also be noted that the burden of proof lies with the accused. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The driver has left the country. the offence of speeding) often cause a high degree of alarm. Time of the offence is not defined by statute and it is, of course, impossible for such a warning to be issued 100% contemporaneously. This offence carries 6 penalty points on conviction, which is a higher penalty for most offences in relation to which the NIP has been issued. Alternatively the matter may proceed straight to Court. 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. The registered keeper is the person listed by DVLA . So, for example, someone is seen by civilians driving in an allegedly dangerous manner. Vasilica Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. WebA 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. Make a note of when and where you posted it; 7. Our founder Mr Walker has been invited to provide member training for the Law Society of Scotland, Glasgow Bar Association, The Royal Faculty of Procurators, and Scottish courts. How long do the Police have to issue proceedings? In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. Some detailed information in respect of certain offences is contained in our learn more boxes below. See our independent TrustPilot reviews. Points are relevant from date of offence to date of offence for any speeding charge. Only that person can respond. "Failure to provide", attracts a 6 penalty point endorsement. 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. 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. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face PROOF BEYOND A REASONABLE DOUBT. 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. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. What happens if a limited company does not comply with a NIP? Any action taken at this delicate stage is essential to your chances of avoiding or minimising penalty points in the future. If you have an option to reply electronically or, online then that is a better course of action. BURDEN OF PROOF. 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. Here's a list of what you need to do: 1. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. What Is A Notice Of Intended Prosecution? You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. WebA Notice of Intended Prosecution is issued to the registered keeper of the vehicle suspected of committing certain offences.