Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. A copy should be provided to all parties and to the court. 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. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. As a consequence, any user of such a vehicle on a public road is likely at the very least to be committing the offences of using the vehicle without insurance and using the vehicle without an excise licence. The prohibition may be applied for a specified period, or without limitation of time. In that event the case should not proceed unless the defence agrees to waive the point. This is a summary offence; Section 115(1) Road Traffic Regulation Act 1984 - the misuse of parking documents by, for example, lending a ticket issued by a parking meter to another person. This should be done with the approval of the court and in order to assist in determining the question of disqualification. 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. 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 . 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. If the notice was served late without a good reason then you can't be prosecuted anyway. 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. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. 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. These are referred to as disqualification of persons under age. There are four categories: Thirdly, it must be established whether the vehicle concerned is a goods vehicle, or passenger vehicle as distinct provisions apply. 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). You have been summoned to attend court for either not having one or more documents, as required, for using a motor vehicle on a road (or public place). You should note however, that the production to the police of these documents now will not be a defence to any prosecution for failing to produce the documents within seven days of the date of the original request. The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. Not only does the offence appear to cover a situation where the seals have been physically altered or tampered with, but also the use of a correctly manufactured and correctly placed seal where it can be proved that the mere use of the seal is accompanied by an intention to deceive. All agencies should be alive to these cases in the interests of justice and respond as required, but no actions should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim. As far as management responsibility is concerned subsection (5) of the act says that where a director or senior manager of the company caused or connived with the failure to identify the driver, that person is also guilty. If the requirement to provide this information is not complied with, a . Offences are either way, punishable by way of fine in the Magistrates' Court or by imprisonment (maximum two years) in the Crown Court. They are capable of speeds up to 12 mph. (2) The general nature of the offence is . The onus is on the prosecution to establish that a particular location is a "road" or a "public place". 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 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. 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. . The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. The police will then be able to check your documents and note the fact that you have produced them. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. The expression 'traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984 and the colour, size and type of signs are prescribed by the Traffic Signs Regulations and General Directions 2002. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). In Cantabrica Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286, the Divisional Court held that: Tachograph charts and other documents can be obtained in many different ways, for example: Care should be taken in checking the power by which police officers obtained the documents. Proof of disqualification is essential. 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. If the vehicle is a company car, the police will send the first notice to . Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. Subsection (3) makes it an offence for the keeper to fail to comply. The time limit applies to the notice of intended prosecution. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. 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. The Notice of Intended Prosecution, although issued in terms of Section 1 of the Road Traffic Offenders Act 1988, is often accompanied by a request to confirm the identity of the driver at the time it is alleged a road traffic offence has been committed. The notice of intended prosecution will be accompanied by a Section 172 notice, which you are required to complete to confirm the identity of the driver. No member of the Crown Prosecution Service or agent acting for them, or member of the magistrates' court staff should ordinarily be required to inspect or verify a motorist's driving documents relevant to a prosecution before the court. 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. 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. You can find more information about replying to your Notice of Intended Prosecution (NIP) on our website. I was . Arrangements will then be made for the court to be informed about this. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. There was no proper notice of the speed limit. 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. speeding) The time & date of offence. The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. The same considerations will thus apply. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. Management Personal Responsibility. the possibility of danger to other road users (the most important factor). The burden of establishing an exemption under the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 rests on the defendant on a balance of probabilities - Gaunt and Another vNelson [1987] RTR 1. Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance. The time limit for a written warning is 14 days from the date of the offence. 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. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. The defence should also give notice that they will be seeking to advance special reasons. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. 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. 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 puts a legal obligation on the registered keeper of the vehicle. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. The Vehicle Excise and Registration Act 1994 (VERA) requires a mechanically propelled vehicle used or kept on a public road to be registered and licensed. It is regularly updated to reflect changes in law and practice. 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. We can help. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. The words 'uses', 'causes' and 'permits' are deemed to have the same meaning for the purposes of the TA as they have for the purposes of the Road Traffic Acts. This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. 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. . An analogy can be drawn from the case of DPP v Hay where it was held that once the prosecution has proved that the defendant drove the motor vehicle on a road, it is then for the defendant to show that he held a driving licence and that there was in force an appropriate policy of insurance, since these are matters that are peculiarly within his knowledge. Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. 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). In DPP v Mansfield [1997] RTR 96 the constable who had arrested the defendant for the current offence, and who was present at court, had also arrested him for a previous offence for which the defendant had been disqualified in the constable's absence. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. The Codes of Practice under PACE apply to offences under this legislation as to any other. David Barton. Call us on 0161 834 9494 to discuss your case. 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. 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. For further commentary see (Wilkinson's 6.01). The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. In the great majority of cases the offence will fall within the second of these provisions. Your lease company will receive the ticket. Typically, you can expect to receive a notice of intended prosecution on the spot by the police after an alleged driving offence or via the post. Failure to specify the date will lead to proceedings being terminated: see David Burwell v DPP [2009] EWHC 1069 (Admin). If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. Self-balancing scooters such as Segways, mini Segways, Hoverboards and single wheel electric skateboards) may not be driven on a pavement in England and Wales. Ordinarily, the notice should indicate that production should be made to the police station originally nominated by the driver when the request for production was first made. 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'. Mutual recognition of driving disqualifications between the United Kingdom and Republic of Ireland came into force on 28 January 2010. 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. by serving the defendant with a summons within 14 days of the offence; or. Once the vehicle is identified and the registered keeper (your lease company) confirmed, a penalty notice will head into the mail. 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. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. Know your possible technical defences to protect your licence. Offences against traffic signs and police signals are dealt with in Sections 35, 36, 37 and 163 of the Road Traffic Act 1988. Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. This guidance assists our prosecutors when they are making decisions about cases. 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. Copyright Roadtrafficlaw.com Solicitors Ltd (c), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window). "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. Age prohibitions on driving are set out in s.101 RTA 1988. As a general rule, if you're caught travelling in excess of 45% . The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". The offence under section 91 of the Criminal Justice Act 1967. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. In interview, the defendant conceded that he could be the rider. 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. 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 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. A statutory defence is provided by section 143(3) RTA in relation to a driver who unwittingly drives his employer's uninsured vehicle. 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 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. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. The letter is asking me to provide details of the driver of the vehicle. Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads". For speeds significantly more excessive than the limit, penalty points and a fine will be issued. Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. Current timestamp: 03/03/2023 00:55:41 . Using a mobile phone whilst driving. Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. Courts should be aware of the opportunity to proceed in the defendant's absence thereafter if either a satisfactory production is made, or the defendant does not cooperate and fails to return. Production of driving documents at the police station in the first instance must be encouraged. Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. from 2-196 to 2-221 for a full commentary. 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. We are only a phone call away. 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. Our specialist lawyers have years of experience having dealt with 100s of cases with a high success rate. You have 28 days to appeal your recorded police warning. The failure to stop is usually viewed as the more serious of the two. These offences are triable either way and punishable with a maximum of two years' imprisonment on indictment. 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. 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. When the prosecutor considers instituting proceedings within the extended time limit period, reasons for the delay and any degree of responsibility borne by the offender should be taken into account. Contravening a traffic signal. 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. 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. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. 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 . Nothing less than wilfulness or recklessness would suffice. You could face prosecution when you fail to respond and provide all the required information. 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. 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, . The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required documents, therefore local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds. 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. What happens after a notice of intended prosecution? Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. Liverlad67 Forumite. Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. Even if you believe the S172 Notice does not relate to yourself, you MUST reply, this fulfils your legal obligation and allows the Police to further . The time limit for a written warning is 14 days from the date of the offence. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. Uninsured drivers pose a substantial risk to other road users. 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. I've received a Notice of Intended Prosecution Section 172 Notice. A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under s.87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. They must provide the details of the driver at the time of the alleged offence. There may, from time to time, be cases that call for exceptional treatment and departure from the normal procedures. Should any defendant refuse to co-operate with the above procedure, not guilty pleas should be noted, and the case adjourned for trial or review. The Section 172 notice will ask you to identify the driver of your car during the alleged offence. 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. . The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, 14 July 2015 at 5:34PM. No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). 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). . 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 onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. The use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. 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. Driving Bans Explained. This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under s.103 RTA 1988 by virtue of section 103(4) RTA 1988. The offences under sections 3 , 17(2) , 18(3) , 24(3) , 26(1) and (2) , 29 , 31(1) , 35 , 42(b) , 47(1) , 87(2) , 143 , 163 , 164(6) and (9) , 165(3) and (6) , 168 , 170 and 172(3) RTA 1988.