i received a notice of intended prosecution

You should always seek the assistance of a lawyer when attempting to challenge a notice of intended prosecution. In the event that the Procurator Fiscal's office seek to start proceedings in the absence of a timeous NIP (Notice of Intended Prosecution) then the driver MAY have a defence in terms of section 1 of the Road Traffic (Offenders) Act 1988. If you have received a Notice of Intended Prosecution and would likefurther information, please get in touch by sending me a message, contacting me on07843 018747 or 0115 784 0382, or by email at l.whitaker@pragmalaw.co.uk. We are often asked I received this NIP late. The law surrounding careless driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Civil Litigation Criminal Defence Discrimination Employment Disputes Family Law Immigration Landlord & Tenant Wills & Probate, 020 3795 9020 info@lgbtlawyers.co.uk 39 Church Road, Hove BN3 2BE, About UsMeet The TeamRegulatory Information. In these cases, If you receive the notice after this point, the case will likely not proceed to court. 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. Without a doubt, this is the most common question. 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. by LGBT Lawyers | Mar 9, 2023 | Family Law. A written Notice of Intended Prosecution must include the nature of the alleged offence and the date and place it was alleged to have been committed. The vast majority of people who have received a Notice of Intended Prosecution are alleged to have committed minor speeding offences. WebI received a notice of intended prosecution on the 14th of April 2023 for a speeding incident which occurred on the 4th or January 2023. Do I need to reply/can I challenge it? 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. It is possible that your car has been cloned. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. WebI've received a Notice of Intended Prosecution (NIP) Why have I received a Notice of Intended Prosecution (NIP)? If you have moved but the notice is sent to your old address the prosecution will often move ahead in your absence. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. Civil partnerships were introduced to offer LGBT couples the option of a legal union. Even if you cannot remember who the driver is, you must provide all the information that you can, such as the names and addresses of all potential drivers. Under s1 Road You may not realise that you have a defence until you have discussed your case with an experienced solicitor. 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. Back in 2018, David Beckham was reported as having relied on the 14 day Notice of Intended Prosecution (NIP) loophole to avoid a speeding conviction. need to be a collision or damage. Yes, subject to certain exceptions. All of our legal team formidable and committed trial lawyers.They have featured on TV, Radio and National Newspapers and have represented fellow solicitors, advocates, barristers, Queens Counsel, sports stars, members of the Royal Family and even police officers. 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. The police will often do both. What Is Adultery And How Can It Be Proved? It doesnt mean that you will certainly face prosecution. The offences to which it applies are found in. Back Pain After a Car Accident: What It Could Be, How to Prepare a Claim for Work-Related Stress. The NIP has a procedural purpose. Assaulted at Work by a Resident: Who is to Blame? 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. Some detailed information in respect of certain offences is contained in our learn more boxes below. The most common offences for which a warning is required are: Some common offences which do not require a Notice of Intended Prosecution include: A section 1 warning takes two main forms oral or written. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. The warning at the time does not require a specific form of wording so long as the meaning is clear. For example, if a company has leased a car from a leasing company, the company will be identified by the leasing company. https://www.pragmalaw.co.uk/notice-of-intended-prosecution-14-day-time-limit/check-if-your-nip-is-late/, 14 day Notice of Intended Prosecution (NIP) Rule, The driver at the time of the offence, or. Indeed many of our cases have essentially boiled down to legal arguments as to whether an accident has occurred or not. However, in these cases, there is a 'presumption of conformity' with the NIP service requirement. No. You will have to return the section 172 notice within 28 days, stating who was driving the car at the time of the offence. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of, Finally, it is very important to note that a late Notice of Intended Prosecution, 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. Such comments often suggest that the individual only avoided conviction because of who they are and that such loopholes are only available to the rich and famous. However, if it was sent to the address that the DVLA has on file for you within that period, but you no longer live there, the notice will still be valid. A requirement to identify the driver is a requirement under section 172 of the Road Traffic Act 1988. Get in touch today on 020 3795 9020. that there are exceptions to this rule. The police send out notices for all sorts of other motoring offences too. WebNotice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence The warning at the time does not require a specific form of wording so long as the meaning is clear. It should also be noted that a section 1 warning does not require a particular form of words. In those circumstances there is no need for a warning. This stems from the fact that a Notice of Intended Prosecution is sent under. If a "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. Cases in which the defence of non-conformity is raised tend to fall into two categories: Late service can often be easier to prove than non-receipt. The 14 day rule only applies to the registered keeper. 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. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. We are friendly and approachable. Please note, these types of mistakes are not usually severe enough to invalidate the notice. Finally, it is very important to note that a late Notice of Intended Prosecutionin no wayremoves 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. It is not remotely unusual for the driver of the vehicle to receive a Notice of Intended Prosecution several weeks or even a couple of months after the incident. Additionally only the registered keeper requires to receive the warning within 14 days. On the 21 January 2011 I have received a notice of intended prosecution for speeding at 87 mph in a 70 mph zone on the 17 December 2010, I have been offered a fixed penalty of 60 and 3 points on the read more 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 If you need help defending your case then get in touch by calling the number below. It can be intimidating to receive one of these notices, so weve put together this guide to help you work out what to do. It is simply an opportunity to defend your matter as your case progresses. The Bedfordshire Police Force explains that a fine and points on your driving licence are mandatory for exceeding the speed limit or contravening a red light. WebThe person to whom a Notice of Rejection has been issued has 28 days, beginning with the date of service of that notice, to either: Pay the penalty charge; or Appeal to the Adjudicator. The notice of intended prosecution should give precise information to: If there are any substantial errors within your notice of intended prosecution, you may be able to provide a criminal defence.. Technically no one else requires 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. Section 1 of the Road Traffic (Offenders) Act 1988 states that a person cannot be convicted of a relevant offence unless they have been warned at the time or they (or the registered keeper) receive a Notice of Intended Prosecution (or a summons/complaint) within 14 days. Therefore, if you have received a Notice of Intended Prosecution outwith 14 days then you may have received it late. Settlements and Dispositions 16. WebNotice of Intended Prosecution (NIP) Section 172 notice You must return the Section 172 notice within 28 days, telling the police who was driving the car. Can I Claim for an Accident After Three Years? The term 'loophole' suggests something slightly dodgy or morally wrong which may be an unfair assumption. Soon after, you will receive the paperwork requiring you to enter a plea. They can include careless driving, inconsiderate driving and even dangerous driving. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. For more information, please visit the following page to watch the video and use the flowchart at https://www.pragmalaw.co.uk/notice-of-intended-prosecution-14-day-time-limit/check-if-your-nip-is-late/. The matter will be referred to the magistrates court if you ignore the notice. Dont worry if you have received a Notice for doing 50mph in a 40mph limit, you are not going to be prosecuted for dangerous driving. , it does not mean the prosecution will necessarily happen. However it is clear that something of real significance must occur. The Fiscal will then consider whether to prosecute and, in the vast majority of cases, they do. (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. This will impair your browsing experience around the web. Thank you for your interest in this post. For example, it does not apply to offences of using a mobile phone while driving. It is for the accused to prove that he did not receive a warning (or the correct warning). The Notice is simply what the name suggests. However it is clear that of real significance must occur and, often, near misses may constitute accidents. Therefore, using an expert criminal defence lawyer is essential. Broken Jaw Compensation: Can I Make a Claim? It is for the defence to prove that the section has not been complied with. (4) Schedule 1 to this Act shows the offences to which this section applies. Ifnot, the driver will have a legitimate defence. Please note, if the notice is sent to you by post, it should contain the following details: The most common reasons you may receive a notice of intended prosecution include: If you have been subject to any of the above, you will likely receive a notice in the post if the police have not stopped you., Its important to note that if you receive a notice, it must arrive within 14 days of the date of the alleged incident to be valid. It is for the accused to prove that he did not receive a warning (or the correct warning). Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. The Notice requires to give details of the nature of the alleged offence as well as the time and place of the alleged contravention. We do not charge for initial consultations and often provide free advice especially in the early stages of a case.
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