speeding) The time & date of offence. Subsection (4) provides a defence if the Keeper shows that he did not know who the driver was and could not have found out by using reasonable diligence. All these offences are summary, non-endorsable and punishable with a fine at level 4, and subject to a time limit of six months from the date of the offence. Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. In the great majority of cases the offence will fall within the second of these provisions. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. (e) the time at which or the areas within which the vehicle is used, It should state the nature of the offence (for example Speeding) together with the time, date and place . This is not the case so far as the employers or persons in authority are concerned. 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. R. 16; and Olakunori v DPP [1998] C.O.D. The law (Section 1 of the Road Traffic Offenders Act 1988) requires that, for a person to be convicted of certain road traffic offences, he or she must. 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. . Where the police refer a case involving a Self-balancing Personal Transporter to the CPS, the prosecutor should, as is usual, consider the facts of the case, having regard to the licensing considerations set out above, and apply the two stages of the full code test in the Code for Crown Prosecutors when deciding whether or not a prosecution should proceed. The above cases expanded upon the methods of proof outlined in R v Derwentside Justices ex parte Heaviside in particular allowing the prosecution to rely on similarity of name, date of birth and address. Legal aid Scotland may be able to help in your case, one of our lawyers will . . Notice 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 has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road s.103 RTA 1988. The offences under sections 55 and 56 of the British Transport Commission Act 1949. Failure to provide these details may amount to an offence for which a prosecution could be pursued. Under s.97AA TA1968 a person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 applies, shall be guilty of an offence. Many road traffic offences are purely summary and in most cases proceedings are taken by way of the laying of an information and the issue of a summons. 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. Service of a notice at the last known address of the accused will suffice for good service. The offence under section 87(1) of the Environmental Protection Act 1990. Difference between a NIP (notice of intended prosecution) and a Section 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. Notice of Intended Prosecution (NIP) | Scottish Driving Law In such circumstances the prosecution need to decide which is the more appropriate charge. 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. Police across England and Wales will send out many . If the prosecution is taken by surprise by the issue, an application to adjourn to call a witness can be made - see R on the application of. The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. 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. But where a disqualified person has had his driving licence returned in error by the DVLA, the prosecution should take that fact into account in deciding whether or not to proceed. An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. Production of driving documents at the police station in the first instance must be encouraged. 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. Most contraventions involving company vehicles result in the company being fined however there are instances where directors can also have points endorsed on their licence. This should inform the recipient that not only should the relevant documents, if they exist, be sent or handed to the court as required in the summons, but that before that date, the documents must firstly be produced at a police station for inspection and validation and for the police to note relevant details. It is ultimately a matter of fact and degree for the court to decide. Notice of Intended Prosecution (NIP) - Graham Walker Solicitors You must respond to a Notice of Intended Prosecution within 28 days of receiving it. driving after making a false declaration as to physical fitness (section 92(10)); failing to notify Secretary of State of onset or deterioration of disability (section 94(3)); driving after refusal of licence under section 92 or 93 (section 94A); failure to surrender licence following revocation (section 99); obtaining driving licence, or driving, whilst disqualified (section 103(1)); using an uninsured motor vehicle (section 143); making a false statement to obtain a driving licence or certificate of insurance (section 174); section 244 RTA 1960 (re offences under section 235 RTA 1960 and section 99(5) Transport Act 1968); section 47(2) VERA 1994 (re offences under sections 29, 34, 35A, 37 or regulations made under the Act); section 73 Public Passenger Vehicles Act 1982 (re offences under sections 65 or 66 of the Act). Neither is a 'special reason' a defence to the charge. It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. The police must serve the notice on either the driver or the registered keeper. 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. A warning as to increased costs should also be given, where appropriate. In this case the appellant appealed by way of case stated against a decision that the prosecutor's certificate issued under the Computer Misuse Act 1990 was conclusive and that he could not argue that the prosecution was out of time. . You may have heard that if you get a speeding ticket through the post more than 14 . 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. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Records of all production of driving documents should be kept at police stations as a national standard to safeguard the needs of victims who may have a potential claim for personal injury or financial loss. Prosecutors who are dealing with a prosecution for no insurance where the case is based on the driver not meeting some condition of the insurance must be vigilant to check that the exclusion relied upon to make out the offence is not one of those avoided by s.148(2). 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 . It is not necessary for the information to be personally received by a justice or by the clerk. 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. Many road traffic offences are minor in nature. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. It can include both electrically and steam powered vehicles. Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. It is important to remember, however, that the alternative verdict can only be returned where the jury or magistrates have found the defendant 'not guilty' of the substantive charge. 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. When determining the public interest in prosecuting minor road traffic offences, it must be borne in mind that: Public interest factors which relate to particular offences will be dealt with below. There is no direct binding authority on the definition of a 'false chart', but it is suggested that the following elements should be present: See also the decision of the Court of Appeal in R v Bishirgian, Howeson and Hardy [1936] 1 All ER 586 at page 591 and R v Osman, Mills and Chalker 09/01/93 (unreported, but copy of judgement held at HQ Library). There are no time limits on subsequent NIPs but there is an overall time limit of six months for a prosecution to begin. (h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the Vehicle Excise and Registration Act 1994. Once police have received written confirmation from the driver, it is the drivers' choice to either accept: Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. Going to Court for Speeding Offence | Motoring Offence Solicitors 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. A. Totting Up Penalty Points. In serious cases a conspiracy charge should be considered; Whether persons who might be guilty of the offence or offences such as office staff and drivers should be used as witnesses where they have been threatened with the sack unless they continue to act illegally. I have received a Notice of Intended Prosecution (NIP) from the police The 14-Day Rule for Notices of Intended Prosecution - Loophole or This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. I was driving a company vehicle Open or Close The registered keeper of a vehicle has a legal obligation under section 172 of the Road Traffic Act 1988 to provide the identity of the driver at the time of an alleged offence. If you've been caught by a policeman operating a radar . Under s.143(1)(a) RTA 1988 "a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person a policy of insurance ". This will be sent to the registered keeper within 14 days of the offence. Whilst the Community Rules (EC Regulations) apply throughout the EC, the legislation which makes it an offence to breach those regulations differs from country to country. A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment. Notice of Intended Prosecution - Driving Test Tips Disobeying traffic signs. For further commentary see (Wilkinson's 6.01). How to appeal a speeding fine | Parkers Section 97(1) TA 1968 which is summary only, prohibits the use of a vehicle to which the TA 1968 applies in which "recording equipment" as stipulated in the Community Recording Equipment Regulations 3821/85 has either not been fitted or has not been appropriately repaired. 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. Alternatively, you could receive a 100 fixed penalty ticket and 3 points or if the matter goes to court you could receive a maximum fine of 1000 (2500 if on a motorway) and 3 to 6 penalty points. It is not possible for you to have your driving documents checked at court. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. There are four categories: Thirdly, it must be established whether the vehicle concerned is a goods vehicle, or passenger vehicle as distinct provisions apply. You have 28 days to appeal your recorded police warning. This is a summary offence. 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. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). 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. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. 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]. However, since that offence is summary, if a defendant has been charged with other either way or indictable offences, then charging an offence under s.3 Forgery and Counterfeiting Act 1981(which is either way) is likely to be more appropriate. 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 Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers 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. Notice of intended prosecution. The requirement is to provide those details within 28 days. They must provide the details of the driver at the time of the alleged offence. Bail should be considered for the period of any adjournment and the defendant encouraged to produce the relevant documents in the meantime. If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. Should a defendant attempt to produce documents at court for the first time following a previous request for their production at a police station and it can be shown that the defendant was notified that production should initially have been made at the nominated police station, local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds to deal with any outstanding summonses. Despite the fact that offences involving falsification of charts have been both investigated and prosecuted as forgeries under the 1981 Act for many years, a combination of this decision and the Osman case demonstrates beyond doubt that false charts can constitute false instruments under that Act. Insurance cover is required for the use of a vehicle on a road or a public place. 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. such proceedings must be properly recorded and the police informed; no action should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim; Prosecutors must be alive to the sophistication of fraudulently produced material. Under s.145 RTA 1988 the policy must be issued by an authorised insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road in Great Britain, i.e. Fourthly and finally, the application of any statutory exemptions must be considered. 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. . You must do this in writing. Under s.148 RTA 1988 Insurance companies cannot validly restrict an insurance policy by reference to any of the matters listed in s.148(2). 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. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. The time limit applies to the notice of intended prosecution. When it applies, proceedings must be brought within six months from the date on which sufficient evidence came to the knowledge of the prosecutor to warrant proceedings but, in any event, they must not be brought more than three years after the commission of the offence. Legal Process | Loopholes | Motoring Offences - Motor Lawyers The issue of the defendant's conduct and any increased costs involved should be carefully considered and noted, and a departure made from the locally agreed standard costs application, where there has been an increase in prosecution costs. Speeding fines: top tips on UK speeding tickets and how to appeal them The exceptions include: Section 24 RTOA 1988 (as amended by the Road Safety Act 2006) allows a court which has returned a verdict of 'not guilty' to certain either way and summary offences, to convict for a specified alternative offence, provided that the content of the information or indictment amounts to an allegation of such an offence. Motoring Offences and the Importance of Time Limits. Driving Offence Solicitors | Pragma Law Although a NIP must be received within 14 days of the alleged offence, this statutory time limit does not apply to a section 172 demand. 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. Current timestamp: 02/03/2023 01:38:55 . 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. The Notice of Intended Prosecution must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. 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. A copy should be provided to all parties and to the court. The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. In cases of the unauthorised taking of mechanically propelled vehicles, delay can often occur due to the gathering of forensic evidence where the offence is denied. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. However, the Divisional Court held that the purported restriction fell within s.148(2)(e) and was therefore void. The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. Police officers had recovered a DVD that had footage of a motorbike ride. Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. In R v Derwentside Justices ex parte Heaviside [1996] RTR 384 the Court specified three ways in which a defendant could be proved to have been disqualified: Other circumstances in which the court has been satisfied that a previous disqualification has been established are as follows. You may get 6 penalty points on your licence and a 1000 fine . In Vehicle Inspectorate v Blakes Chilled Distribution Ltd [2002] 166 JP Jo.118, the Administrative Court held that the intent necessary to prove vicarious liability was established where it could be proved that an employer had failed to take reasonable steps to prevent contraventions by drivers, provided that such failure was not due to honest mistake or accident. The purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory. The European Community Rules as set out in EEC Regulations 561/2006 and 3821/85; The domestic law contained in Part VI (sections 95 -103) of the Transport Act 1968 (TA 1968). Single Justice Procedure Notice. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. The certificate is, therefore, likely to be signed by the appropriate police officer. 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). In either case, so long as it arrives at the relevant address within the time limit the notice is valid. If this happens you'll have the chance to challenge the case against you. Failing to respond within the statutory time limit of 28 days can result in further prosecution, six penalty points and a fine of up to 1000, . Frequently Asked Questions | Honest John Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. The prosecution should not seek to secure convictions on both. When dealing with offences specifically relating to the use of forged documents contrary to s.173(1) RTA or s.44 VERA, the document concerned must be one of those listed within the relevant section. Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com Section 6 applies to the following offences under RTA 1988: Section 37 of the Vehicles (Crime) Act 2001 amends the time limit in the Theft Act. You could face prosecution when you fail to respond and provide all the required information. 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. Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. 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. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. 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. If the notice was served late without a good reason then you can't be prosecuted anyway. 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 . The production of driving documents at police stations will be enhanced if all agencies co-operate and fairly and firmly abide by the terms and spirit of this protocol. 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. It is a mitigating or extenuating circumstance which is directly connected with the commission of the offence and which can properly be taken into consideration by the sentencing court. Then in the first paragraph it lists the incident date as 04/12/22. 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 The time limit for service . Notice of Intended Prosecution - What Happens Next? 2023 Proceedings cease to be specified if a magistrates' court begins to receive evidence in those proceedings other than evidence that is: Proceedings for an offence mentioned in the Schedule are not specified if the defendant is charged under s.37(7)(d) Police and Criminal Evidence Act 1984 (PACE 1984) or the defendant is less than 16 years old at the time when a summons or requisition is issued in respect of the offence - S.3(1A and B) Prosecution of Offences Act 1985. How to Properly Deal with a Notice of Intended Prosecution On 22nd November 2017 a Notice of Intended Prosecution/Section 172 request was sent to Mr Brown that was dated 22nd November 2017 by Royal .

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