Notice of Intended Prosecution (NIP) | Scottish Driving Law You have 28 days to appeal your recorded police warning. Road Traffic Offenders Act 1988 - Legislation.gov.uk If your defence is that you did not receive it within this timescale, the onus is on you to prove it on the balance of probabilities. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). If you have received a Notice of Intended Prosecution and would like further information, please get in touch by sending me a message, contacting me on 07843 018747 or 0115 784 0382, or by email . Please note, if the notice is sent to you by post, it should contain the following details: The details of the driving offence (e.g. Notice of Intended Prosecution - Driving Test Tips (f) the horsepower or cylinder capacity or value of the vehicle, Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. Very exceptionally, a prosecutor may feel it appropriate to verify documents, but: Sections 173 and 174 RTA 1988 and sections 44 and 45 Vehicle Excise and Registration Act 1994 (VERA 1994) create a number of offences concerning forgery, fraudulent actions and false statements in connection with various road traffic documents. third party insurance. You could face prosecution when you fail to respond and provide all the required information. The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin [1981] RTR 416 it was said to be a definable right of way between two points. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. A sample notice is attached at Annex A below. Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. In deciding whether to rely on the extended time limit, the prosecutor should ensure that he/she is able to ascertain the date on which sufficient evidence to warrant proceedings came to the knowledge of a police officer investigating the incident, since this is a requirement of the procedure. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. The police must serve the notice on either the driver or the registered keeper. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). Failure to provide the information will result in court proceedings for that failure. If the points will take you over the 12-point maximum, leading to a minimum six-month ban, you may wish to pursue a plead of 'exceptional hardship'. Every effort should be explored to avoid unnecessary adjournments, though this may be unavoidable where there is no convenient nearby police station or the circumstances are such that an adjournment is unavoidable. 56 Posts. We represent drivers throughout Scotland. The registered keeper of a vehicle has a legal obligation to provide details of who was driving at the time of an alleged motoring offence. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). 1 (1) Where section 1, 6, 11 or 12 (1) of this Act is shown in column 3 of this Schedule against a provision of the M1 Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision. Section 99 TA 1968 empowers police and Department for Transport officials to require the production of records and documents, whether or not offences are revealed on the face of them. There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases: Personal transporters, such as the Segway Personal Transporter are powered by electricity and transport a passenger standing on a platform propelled on two or more wheels. When such a point is raised, the prosecution should take into account the reason for the defendant's belief, the distance driven and the degree of risk, if any, to the public when determining whether it is in the public interest to proceed. Therefore, any person using a Segway on a road will be driving otherwise than in accordance with a driving licence. If you're caught speeding by a speed camera, you'll be sent a Notice of Intended Prosecution (NIP) and a Section 172 notice within 14 days of the alleged offence. Production of driving documents at the police station in the first instance must be encouraged. Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. As a result, if an insurance policy contains a restriction (for example) that the driver must be aged over 21, that restriction may be void and a person aged under 21 who would otherwise have been covered to drive the vehicle may not be guilty of driving without insurance. If the vehicle is a company car, the police will send the first notice to . Once police have received written confirmation from the driver, it is the drivers' choice to either accept: The offence under section 91 of the Criminal Justice Act 1967. It is no defence for that person to say that he or she thought the disqualification had expired. Where special reasons are put forward in cases of drink and driving, the court must consider the following factors, see Chatters v Burke [1986] 3 All ER 168: In DPP v Bristow [1998] RTR 100 the Divisional Court stated that the key question justices should ask themselves when assessing if such special reasons existed on which they might decide not to disqualify was this: what would a sober, reasonable and responsible friend of the defendant, present at the time, but himself a non-driver and thus unable to help, have advised in the circumstances, to drive or not to drive? A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. No notice of intended prosecution was served on the respondent within 14 days of the offence that had been committed over a year before police recovered the DVD footage. It is essential to check files when powers have been exercised to ensure the material sought to be exhibited has been obtained lawfully in order to rebut any application under s.78 PACE. Some 'routine' prosecutions, for example under the Construction and Use Regulations and related provisions of the Road Traffic Act (RTA) 1988, may have special significance for the traffic commissioners when dealing with licensing applications from heavy goods vehicle operators. Section 2(3) RTOA 1988 provides that a failure to meet the requirements shall not prevent conviction where the court is satisfied that: R v R [2012] EWCA Crim 2887 was an appeal against a terminating ruling that the requirements of s.1(1) RTOA 1988 were a bar to conviction on a count alleging that the respondent drove a motorbike dangerously. 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. No notice is required if a full or provisional fixed penalty notice has been given or fixed (under the Provisions of the Road Traffic Offenders Act 1988) or if there is an accident involving the vehicle in question (of which the driver is aware). Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. Driving a motor vehicle on a road whilst disqualified is a serious matter since it will usually involve the deliberate flouting of a court order. This penalty notice is called a Notice of Intended Prosecution (NIP). Much will depend on the nature of the error and any explanation given by the defendant. These offences are directed at either the driver or the employer. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. My Notice of Intended Prosecution was issued to me after the The NIP must be served on the registered keeper of the vehicle within 14 days of the offence otherwise the offence can't proceed to court. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers However, if a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. Your appeal may mean that the police send a report to the procurator fiscal. either orally or in writing at the time the offence was committed. Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. The police should give consideration to training CPS and court staff in the methods used to produce fraudulent documents and have an agreed method of responding to any such documents that are produced in legal proceedings. A. It can include both electrically and steam powered vehicles. This guidance assists our prosecutors when they are making decisions about cases. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. Legal Process | Loopholes | Motoring Offences - Motor Lawyers We are only a phone call away. Any person who aids and abets, counsels or procures the making of such a false record can be charged under s.8 Accessories and Abettors Act 1861. the nature of the special reason and the evidence (including expert evidence) required to rebut it; what evidence can be properly served under section 9 CJA 1967 and. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. July 19, 2019. There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. I've received a Notice of Intended Prosecution Section 172 Notice. Where a substantial proportion of a company's operating records for a given period have been the subject of falsification and management are involved, it is almost always the proper course to recommend that the case should be dealt with on indictment. This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. Furthermore, considerable time will have elapsed since the alleged commission of the offences. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! There is a time limit for service of an Notice of Intended Prosecution and failing to abide by it can be fatal to the Crown case. However, the appeal was allowed on the basis that the certificate was invalid as it did not state the date when the prosecutor had sufficient evidence to warrant the proceedings. However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. In particular s.6 RTOA 1988 provides a special time limit for offences listed in Column 3, Schedule 1 RTOA 1988, and for aiding and abetting those offences. A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. A challenge to justices on their decision not to disqualify because of special reasons should normally be by way of case stated rather than judicial review. A circumstance peculiar to the offender, as distinguished from the offence, is not a special reason: see Whittall v Kirby [1946] 2 All ER 552. The offences arising by contravention of Regulations 3(9)(a) (involving a pedal cycle) and 3(9)(b) and 4(27), (28) and (30) of the Royal and Other Open Spaces Regulations 1997. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . This isn't straightforward and needs to be heavily evidenced. . It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. The offence under section 49 of the Fire and Rescue Services Act 2004. When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert's statement is incorrect, inconclusive or misleading. Where an officer took the records away with him, the rules of natural justice permitted an operator to take copies of the records before they were removed, save in circumstances where, for example, the operator became obstructive or for some other reason that made it impracticable. The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. 0. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. by sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle. Summons Time Limit The notice of intended prosecution has to be sent to the registered keeper within 14 days, however if you were pulled over by the police for speeding they will have given your notice of intended prosecution at the roadside. Failure to provide these details may amount to an offence for which a prosecution could be pursued. If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). The driver must be given notice in writing specifying the reason for the prohibition and its duration. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. There may, from time to time, be cases that call for exceptional treatment and departure from the normal procedures. It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. This protocol recognises that motorists are required to produce driving documents to police officers following a lawful demand and that the documents may be produced at a nominated police station. It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. The point must also be borne in mind if it is intended at a later date to add further charges. Then in the first paragraph it lists the incident date as 04/12/22. speeding) The time & date of offence. Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. Because self-balancing Personal Transporters do not meet the relevant requirements for use on UK roads, and because there is no separate legislation here for public road use by non-EC type-approved vehicles, they cannot be registered and licensed for use on a public road. See also Restoration of Summary Offences after Trial on Indictment, below in this section. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. We are regularly presented with the scenario when there is a degree of dubiety attached to . MET Portal - Metropolitan Police The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. Offences against traffic signs and police signals are dealt with in Sections 35, 36, 37 and 163 of the Road Traffic Act 1988. evidence of a person who was present in court when the defendant was convicted on an earlier occasion and able to identify him as present in court. You'll need to return this within 28 days, to tell the police who was driving . Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. 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. . Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. Notice of intended prosecution loopholes and how they can backfire Speeding in Scotland | The Road Traffic Lawyer See also DPP v Vivier [1991] Crim LR 637, DPP v Neville [1996] 160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others [1998] 4 All ER 417. received in proceedings held in the absence of the accused - s.11(1) MCA 1980 proof in absence; read out before the court under s.12(7) MCA 1980 (non-appearance of accused: plea of guilty); or. If the requirement to provide this information is not complied with, a . The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . David Barton. It is regularly updated to reflect changes in law and practice. Notice of Intended Prosecution (NIP) Time Limits - Kang & Co Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). The aim of this protocol is that motorists should be aware of and conform with an agreed national standard for the production of driving documents following a lawful request by a police officer. It is no defence that the defendant did not think he was driving on a public road. Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. Police across England and Wales will send out many . Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence s.2(1) Magistrates' Courts Act 1980. The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. National legislation must, wherever possible, be constructed to conform with community law. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. The defendant contributed to that failure by his or her own conduct. The driver of the vehicle has failed to comply with a requirement made under s.99(1) TA 1968; or, The driver has obstructed an officer exercising his powers under s.99(2) TA 1968 or s.99(3) TA1968; or, It appears to an officer that in relation to the vehicle or its driver there has been (or will be, if the vehicle is driven on a road) a contravention of s.96 TA1968 to s.98 TA 1968 or of the applicable Community rules; or. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. A prominent notice should also accompany any summons alleging the document offences. Notice of intended prosecution - FightBack Forums - PePiPoo I cannot prove this ( I do have a couple of texts I sent around the time stating . Periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No: 3821/85 before taking over a vehicle subject to that Regulation. The Exception The prosecution is not required to serve a notice within 14 days if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which . Liability falls upon any person who 'uses or causes or permits to be used'. . Motoring Offences and the Importance of Time Limits. A NIP will often be followed by a 'summons' which is a document that literally summon s the keeper of a vehicle or the driver to court. Difference between a NIP (notice of intended prosecution) and a Section What happens after a notice of intended prosecution? Here's everything you need to know and if you receive a Notice of Intended Prosecution. It is alleged a speeding offence took place on 14/07/2017. 9/ If the S172 notice is valid (ie not sent after the time limit) or perhaps in any case, you should tell the police that you have no idea, after this length of time, who was driving. The Codes of Practice under PACE apply to offences under this legislation as to any other. Further a motorist who fails to produce the documents may commit an offence by their non- production. Basically a Notice of Intended Prosecution has to be given to you verbally at the time of the alleged offence, or in writing within 14 days, but see below. Notice 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 . The issue can be raised at any relevant stage of the proceedings or be decided as a preliminary point. Time Limits and Single Justice Procedure Notices (SJPN) Certain exceptions do apply however where it can be shown that the keeper did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was (S172.4). Notice Of Intended Prosecution (NIP) - Dont Disappoint Me DPP v Hay [2005] EWHC Admin 1395 - Where a defendant is charged with driving otherwise than in accordance with a licence and driving without insurance, and the Crown have proved that the defendant was driving a vehicle on the road, the non-issue by the police of form HO/RT/1 (requesting production of the documents) is not fatal to the prosecution case. . According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. I unexpectedly received a letter from the police who at the time intended to prosecute me for driving an electric scooter without insurance, and without a license. 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. Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. If you have received a Notice of Intended Prosecution (NIP) then the police have evidence that you (or the person driving the vehicle at the time) were travelling in excess of the speed limit. Dangerous driving. The prosecution do not have to call evidence that s.1 RTOA 1988 has been complied with unless the defendant proves, on a balance of probabilities, that no effective notice was given. Additionally, the user would need a driving licence and motor insurance. But usually charges under RTA 1988 and VERA 1994 should be preferred unless a defendant has committed a series of offences on a substantial scale for personal gain. How to Properly Deal with a Notice of Intended Prosecution It was held that a tachograph chart that had been falsified came within section 9(1)(g) of the Act when a record was being made during a period when there wrongly purported to be a second driver who was driving, when in fact there was only one driver at the wheel. Questions | West Yorkshire Police This may be by direct notification to the relevant police process office for transmission to the court or CPS office, and may include a written acknowledgement given to the person making production, which can be produced at court. You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. The expression 'on a road or other public place' is employed frequently in road traffic legislation. Notice of intended prosecution and offence | West Yorkshire Safety In relation to the controversial right to silence argument, the ECHR verdict in (halloran and francis) enable the British Government to continue to force motorists to incriminate themselves using S172 of the Road Traffic Act, which is almost always the only evidence of the drivers identity in speed camera cases A - A S172 Notice is a legal document, and failure to respond is an offence which can result in prosecution through the courts where the penalty is 6 points on your driving licence and a fine. It does not mean the driver has 24 hours within which to report the collision. If you receive a summons or postal requisition or Notice of Intended Prosecution in relation to a motoring offence, it is important to know whether the Police have complied with . Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. A special reason is one which is special to the facts of a particular offence. If this happens you'll have the chance to challenge the case against you. Proper and more efficient enforcement of the law relating to driving documents, and sanctions for failure to obtain or produce them as required, and the deterrence or detection of fraud, will improve public confidence in the criminal justice system. The offence under section 87(1) of the Environmental Protection Act 1990. In cases prosecuted on indictment under sections 1, 2, 3A and 22A RTA 1988 it will be usual for related summary offences to be adjourned sine die, or for there to be a lengthy period of remand, in order to await the outcome of the trial at the Crown Court. Where there is a conviction for careless driving the lesser offence of failing to conform should be preserved at least until the chance of a reversal of the careless driving conviction has passed. Notice of Intended Prosecution and the 14 day Time Limit
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