Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. Once police have received written confirmation from the driver, it is the drivers' choice to either accept: Where there are other charges alleging offences contrary to section 12(1) Theft Act and/or section 103 RTA 1988 (among others) they can be joined in the indictment under s.40(1) Criminal Justice Act 1988 providing they are founded on the same facts or evidence, or form part of a series of the same or similar character, as an indictable offence which is also charged. 0. Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. The notice should also state that production for verification cannot be made at court and that any attempt to do so will result in expense and delay for that person as the court will still require their prior production at the nominated (or locally agreed) police station. Notice of Intended Prosecution | Devon and Cornwall Police What Happens If I Get A Ticket In My Lease Car? it was clear that in requiring the production of records the Community legislature took account of the need to ensure effective checking; while there was no express power to require the coach operator to hand over tachograph records to the Vehicle Inspectorate, the operator was nevertheless required to produce and hand over such records on demand if such a request was made to him; it was within the discretion of the authorised officer whether he chose to inspect the records at the operator's premises or take them away for more thorough and detailed analysis; the authorised officer should also permit the operator to take copies of any record he proposed to remove from the operator's premises. Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. . As far as alerting persons to any alleged offence, notice can be given by different means. You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . Once the vehicle is identified and the registered keeper (your lease company) confirmed, a penalty notice will head into the mail. Why You Shouldn't Ignore A Notice of Intended Prosecution What Happens Next After Notice Of Prosecution? - Slater They are normally sent out when there is about 7 days of the original time limit remaining. 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. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. 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. A Notice of Intended Prosecution is simply notice from the Police that an offence has been recorded and that they intend to prosecute the person responsible. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. Free Legal Info | The Notice of Intended Prosecution - MaryMonsonSolicitors We frequently get asked about going to court for speeding offence, this depends on each individual case. . Prejudice to a defendant by the delay and the lack of early notification of the impending prosecution can be addressed by abuse of process proceedings and s. 78 of the Police and Criminal Evidence Act. Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). Such a warning is normally known as a "notice of intended prosecution", or NIP. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. Therefore, any person using a Segway on a road will be driving otherwise than in accordance with a driving licence. It requires the keeper to provide the police with the name of the person who was driving the vehicle at the time of the alleged motoring offence. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. Where a summons or requisition has been issued in respect of an offence mentioned in Parts 1 and 2 of the Schedule, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless the defendant is also served with a statement of facts and written statement/s. Nothing less than wilfulness or recklessness would suffice. The 14-Day Rule for Notices of Intended Prosecution - Loophole or The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. The expression 'on a road or other public place' is employed frequently in road traffic legislation. If the requirement to provide this information is not complied with, a . (2) The general nature of the offence is . What is a notice of intended prosecution (NIP)? - DAS Law In the great majority of cases the offence will fall within the second of these provisions. See also Restoration of Summary Offences after Trial on Indictment, below in this section. It is regularly updated to reflect changes in law and practice. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. You may have heard that if you get a speeding ticket through the post more than 14 . You could face prosecution when you fail to respond and provide all the required information. However there is an exemption if the Police cannot reasonably obtain the keeper's details within that time, for example if the DVLA has no keeper details or they are incomplete. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . Notice of Intended Prosecution - What Happens Next? 2023 If the company did have such a system but it didnt work on a particular occasion that might suffice as a defence. In R v Derwentside Justices ex parte Swift, R v Sunderland Justices ex parte Bate [1997] RTR 89 a section 9 statement was admitted in evidence from a constable who stated that he knew the defendant and had been present when he had been convicted and disqualified for two years on a previous occasion. Section 96(11) TA 1968 creates offences for breach of the domestic drivers' hours code, while s.96(11)(A) TA 1968 creates offences for breaches of the European Community Regulations. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). The Notice of Intended Prosecution time limit of 28 days can incur harsh penalties of a fine up to 1,000 and six penalty points on a driver's licence if not dealt with inside the 28 day time constraints. Attempting to or producing any document with intent to deceive may result in severe penalties. 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. 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. In such circumstances the prosecution need to decide which is the more appropriate charge. Zholia Alemi forged N, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies, Code for Crown Prosecutors - Public Interest Considerations, Restoration of Summary Offences after Trial on Indictment, Self-balancing Personal Transporters - Segway etc, Driving/Obtaining a Driving Licence Whilst Disqualified, Charging Practice - Forgery and False Information, etc, Offences in Contravention of the Regulations - s.96, Falsification of Driver's Hours and Records - s.99(5), Power to Prohibit the Driving of UK Vehicles - Section 99A, Tachograph Cases and Public Interest Criteria, Annex A: National Protocol for the Production and Inspection of Driving Documents, Annex B: Specified Proceedings (Offences), Road Traffic - Drug and Drink Driving Offences, The prosecution of traffic offences is vital to the enforcement and promotion of road safety and the protection of the public, and. For pelican/zebra crossings and puffin pedestrian crossings see the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400). Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. Notice of Intended Prosecution - NIP | Transports Friend The definition of "served . A person disqualified under s.36 RTOA 1988 until a driving test is passed commits an offence under s.103 RTA 1988 if he or she drives whilst disqualified otherwise than in accordance with any provisional licence issued. Call us on 0161 834 9494 to discuss your case. It should state the nature of the offence (for example Speeding) together with the time, date and place . 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. by serving the defendant with a summons within 14 days of the offence; or. Police officers had recovered a DVD that had footage of a motorbike ride. Police and fiscal warnings, fixed penalty notices and compensation In essence the Notice of Intended Prosecution is a document that specifies the nature of the offence and the time and place it is alleged to have been committed. (b) the condition of the vehicle, If the document is not listed, proceedings under regulation 7 of the Road Vehicles (Registration and Licensing) Regulations 1971 for exhibiting on a vehicle anything which could be mistaken for a licence may be considered. If this happens you'll have the chance to challenge the case against you. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. You may get 6 penalty points on your licence and a 1000 fine . On appeal, the court did not accept that a prosecution could not proceed because of a lack of warning of prosecution where police become aware of the offence after 14 days had passed. Category - Ask the A sample notice is attached at Annex A below. Notice of intended prosecution. If the keeper is uncertain who was driving their vehicle they may still guilty of an offence unless they either provide the name of the driver or . If the Police do not comply with the rules and time limits, they cannot prosecute. Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? 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. By post - Speed Enforcement Unit, PO Box 213, Bristol, BS20 1DR; Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). Age prohibitions on driving are set out in s.101 RTA 1988. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. "Intended or adapted for use on roads" is also not defined by statute and again is ultimately a matter for the court to decide based on the evidence before it. 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. A mechanical defect of which the driver was unaware, may amount to a defence (see R v Spurge [1961] 2 All ER 688), as will the loss of control over the vehicle due to circumstances beyond the control of the driver (see Burns v Bidder [1966] 3 All ER 29). 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. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. 1 of 2000 sub nom R v J T, Times LR 28 November 2000, [2001] 1 WLR 331, [2001] Crim LR 127), against a decision to acquit on the basis that the provision of a false tachograph record did not constitute forgery contrary to the Forgery and Counterfeiting Act 1981, section 1 and section 9. The prosecution should not seek to secure convictions on both. To assist victims in any future claim for compensation, a written record should be kept of all relevant details about the driving documents produced to the police. Driving Offence Solicitors | Pragma Law Notice of intended prosecution loopholes and how they can backfire 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. In relation to s172, in general most police forces prosecute the company and not the Directors for failing to identify the driver as this leads to a conviction and fine without any effort. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. You'll need to return this within 28 days, to tell the police who was driving . Road Traffic - Summary Offences | The Crown Prosecution Service 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. Where a driver has obtained a policy of insurance by deception, the policy will be valid so far as liability under s.143 RTA 1988 is concerned until the insurers have taken steps to "avoid" it. A copy should be provided to all parties and to the court. The effect is that the duty of the Director of Public Prosecutions to take over the conduct of all criminal proceedings instituted on behalf of a police force will not include a duty to take over specified proceedings. 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. The failure to stop is usually viewed as the more serious of the two. Following such a demand, no motorist who has not produced his or her driving documents at a police station should produce them to a court in answer to a charge or summons without having previously produced them at a police station for inspection.
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