NOTICES OF INTENDED PROSECUTION
What is a Notice of Intended Prosecution and 172 notices?
A Notice of Intended Prosecution (NIP) is a formal notification issued by the police to inform an individual that they are considering prosecuting them for a motoring offense. This notice is typically sent to the registered keeper of a vehicle involved in the alleged offense. The NIP serves as a warning that legal action may be taken and includes details such as the nature of the offense, date, time, and place where it occurred. The recipient of the NIP must respond within 28 days by providing the name and address of the driver at the time of the offense, even if they disagree with the allegation. Failure to comply with the NIP can result in six penalty points on the driver’s license and a maximum fine of £1,000.
Section 172 notices under the Road Traffic Act 1988 empower the police to request that the registered keeper of a vehicle provide information about who was driving it on a specified occasion. Failure to comply with a Section 172 notice can lead to prosecution. Examples where compliance issues arise include instances where the notice was not received by the registered keeper or motorist, completed notices were lost in transit or processing, or incomplete information was provided due to valid reasons. Strict requirements apply when notices are addressed to companies, and incorrect addressing can pose challenges for subsequent prosecutions.
Failure to respond to a NIP
The NIP is a formal notification sent by the police to inform an individual about a potential motoring offense.
Failure to respond to a NIP can result in;
- A fine of up to £1,000, and
- Six penalty points on your driving license
Notices of Intended Prosecution are one of the most common offences to come before the court. They can result in high penalties after conviction so it’s vital to deal with them properly.
If you get served with a NIP, you should get legal advice as soon as you can to explore potential defences, and representation.
Motoring Offences You Might Get a Notice Of Intended Prosecution For
A Notice of Intended Prosecution is typically issued for various traffic violations, such as:
- Exceeding the speed limit
- Disobeying a traffic signal (e.g., running a red light)
- Operating a vehicle without proper care and attention
- Engaging in dangerous driving practices
Offences That a NIP Doesn’t Apply to
Some common offences that a Notice of Intended Prosecution doesn’t apply to include;
- Drink driving
- Failure to provide a sample
- Causing death by dangerous or careless driving
- Using a vehicle in dangerous condition
- Driving while using a mobile phone
Being caught committing these offences removes the need to serve a NIP. The incident itself puts the driver on notice of intended prosecution.
How You’ll Receive a NIP
If you receive a Notice of Intended Prosecution (NIP), it may be delivered in written or oral form, depending on whether you were stopped by the police or the driver was stopped.
Verbal Warning
When a driver is stopped by the police at the roadside and charged with an offense, they are likely to receive a verbal warning. In some cases, the police may charge the driver with one offense while cautioning about the possibility of facing additional charges. For instance, if you are warned for speeding, there might be a mention of potential prosecution for dangerous or careless driving.
An oral warning does not necessarily follow a specific script. The police may explicitly state the offense, using terms like ‘speeding’ or ‘dangerous driving,’ or they may refer to a ‘Section 1 warning’ or indicate an intention to prosecute under sections 2 or 3 of the Road Traffic Act 1988 without specifying the exact offense.
Written Warning
Written NIPs are typically issued under two main circumstances. The first scenario commonly involves receiving a written NIP when a vehicle is captured by a speed camera exceeding the speed limit. The registered keeper of the vehicle will then receive a written NIP from the local police detailing the alleged offense and requesting information about the driver.
The second circumstance arises when:
- A member of the public reports an offense, or
- The police witness an incident but are unable to issue an immediate warning.
A written NIP must provide comprehensive details about the alleged offense, including specifics such as the nature of the offense, date, and location where it occurred.
Time Limits For Issuing a Section 1 Warning
- The police can issue a verbal Section 1 Warning (or NIP) only at the time of the offense.
- There is no specific legal timeframe for ‘at the time of the offense,’ but it must occur promptly after the incident; a delay of 24 hours would be considered too late.
- Written warnings must be delivered within 14 days from the offense date.
- The 14-day deadline applies exclusively to the registered keeper of the vehicle.
- In cases involving a hired vehicle, the hire company acts as the registered keeper and should receive the NIP within 14 days.
- The hire company would then identify the driver to the police.
- It is common for drivers to receive warnings after the initial 14-day period has elapsed.
Time limits for issuing a section 1 warning
If you receive a warning after the initial 14-day period, it is essential to understand the implications and necessary actions.
Verbal Warning: If you were given a verbal warning at the time of the alleged offense, the police are not obligated to send a written notice within the 14-day limit since you already received a verbal Notice of Intended Prosecution (NIP) during the incident.
Written Warning: Written warnings must typically be received within 14 days from the offense date. However, this deadline applies specifically to the registered keeper of the vehicle. If you lease your vehicle, the leasing company (lessor) acts as the registered keeper and should receive the warning within 14 days. The lessor would then identify you as the driver, which might lead to you receiving your own warning after the initial 14-day period has passed.
Legal Obligations: It is crucial to respond promptly to any NIP received and provide accurate driver information. Failure to comply with providing driver details can result in prosecution for Failing to Provide Driver Details, carrying penalties like 6 penalty points and a fine.
Do I need to talk to a solicitor if I get a notice of intended?
When you receive a written notice like an NIP, it is crucial to seek legal advice without delay to ensure compliance with any time deadlines specified in the notice.
Legal guidance can help you understand your rights, obligations, and potential defences in response to the NIP, ensuring that you take the appropriate steps within the required timeframe.
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