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. Do I need to reply/can I challenge it? Thank you for your interest in this post. Solicitor acting for hnw clients who value their time. They do not, however, require to do both. When you receive a notice. The dissolution process is discussed in this article. 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. If you have moved but the notice is sent to your old address the prosecution will often move ahead in your absence. See the learn more section for more details. Get in touch today on 020 3795 9020. Firm Reference Number FRN835374. 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. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. Theyll have the experience and knowledge you need to give yourself the best chance of defending yourself against the notice. etc. The second is where the police have receive a report from a member of the public of a relevant offence or the police have witnessed an incident but not warned the driver at the time. The police will often do both. Your Enquiry Details: (required) This is because the letter usually also warns the driver that they may be prosecuted for Dangerous Driving in Scotland or Careless Driving in Scotland. Second, the Notice will be sent to the registered keeper 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 Please visit one of the links below to update to a modern browser then re-open the site with the new browser. What Is the Average Payout for a Personal Injury Claim? Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. 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 main exception is if there is an accident. Ifnot, the driver will have a legitimate defence. Whenever someone in the public eye escapes a driving conviction, it elicits a tirade of comments. Indeed many of our cases have essentially boiled down to legal arguments as to whether an accident has occurred or not. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The main exception is if there is an accident. For CHIP, States can claim enhanced FMAP for administrative activities up to 10 percent of the State's total computable expenditures within the State's fiscal year allotment. Please note that timescale does not matter when it comes to identifying the driver. Authorised and Regulated by The Financial Conduct Authority in respect of regulated claims management activities. The driver or registered keeper within 14 days of the alleged offence. While a degree of latitude will be allowed, however, the evolution of the law makes clear that such warnings must be issued soon after the alleged offence 24 hours later, for example, will be too late. The ultimate decision on prosecutions lies with the Procurator Fiscal, not with the police. It is simply to notify that the police may take action. 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. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. Please note, these types of mistakes are not usually severe enough to invalidate the notice. speeding), The most common reasons you might receive a notice of intended prosecution. Since you seem to have no defence to the charge (you have received the notice and you know who was driving) you will face a fine (assuming you plead guilty) of a weeks net income. From feedback we have received, our clients are not always sure if they have been issued with such a warning. 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. They can include careless driving, inconsiderate driving and even dangerous driving. It is important to note that there are exceptions to this rule. This is perfectly competent but it can also create confusion. LGBT Lawyers is not a law firm or a claims management company. This is usually determined by whether you have been stopped by the police or not. One will suffice. The law requires us to abide by the rules and provide information within certain time limits. If you do not comply with s.172 and give the information, you could be prosecuted for failing to provide driver details which usually carries 6 penalty points plus a fine. The full list of offences is contained in. 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. 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 a subsequent warning must be delivered (a) within 14 days (which would be fulfilled in this example) and (b) must be in writing (which would not). Civil partnerships were introduced to offer LGBT couples the option of a legal union. 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. The time limits are the same irrespective of the offence. If you are to complete a notice of intended prosecution, you should check the information is accurate before completing. The NIP must be served on Do I have to respond to a notice of intended prosecution? Trustpilots top-rated road traffic law specialist, In 2001, I established the first firm in Scotland to dedicate itself to the specialisation of road traffic law, Graham Walker, founder of Roadtrafficlaw.com Ltd. For peace of mind contact us today. If there is also a requirement to identify the driver you still need to respond to this. We have the highest satisfaction rating of any road traffic firm in the UK. The Notice is simply what the name suggests. Moreover you can only be successfully prosecuted if you are warned for the correct offence. We are a lead generation company who works with SRA-regulated firms to match clients to regulated firms. If the Section 1 warning is issued late or not issued at all then this may be a defence against the charge. I was warned for speeding. IG @bettercallsolve. By the same token, the police must abide by their own rules and time limits. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. If you have only received a Notice of Intended Prosecution, you need to wait and see if you are prosecuted. 5 Top Tips for Making a Personal Injury Claim. They are often used when a law enforcement agency believes that an individual has committed a crime and that the individual should be arrested. Therefore, if you have received a Notice of Intended Prosecution outwith 14 days then you may have received it late. 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. You will receive a notice of intended prosecution if your car has been seen committing an offence and you are the registered keeper. It should also be noted that the burden of proof lies with the accused. The Department and the Commission recognize the benefits of global settlements, that is, settlements that simultaneously What Is Sexual Orientation Discrimination? The two issues, although contained in the same letter and relating to the same incident, are quite separate. Also, please see my website pragmalaw.co.uk. That is probably when the worry sets in. Specialist Driving Offence and Regulatory Road Transport Solicitor. Thanks, you make a good point Amit. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. The warning at the time does not require a specific form of wording so long as the meaning is clear. 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/. Step 1 you receive a Notice of Intended Prosecution. We have found that the written warnings received by drivers caught on speed camera (i.e. 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. No further legal action will be taken against you. (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. 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. Additionally only the registered keeper requires to receive the warning within 14 days. The letter will contain the Notice of Intended Prosecution (in this case served on the registered keeper who may or may not be the driver) and, further down, a requirement that the registered keeper identify the driver. that there are exceptions to this rule. Failure to provide such information constitutes a separate offence. You should always seek the assistance of a lawyer when attempting to challenge a notice of intended prosecution. You may not realise that you have a defence until you have discussed your case with an experienced solicitor. 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. It should also be noted that the burden of proof lies with the accused. If it has not, a report is sent to the Procurator Fiscal. You can reject it if you wish (by simply not paying it). It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. Therefore the knowledge of an experienced solicitor is invaluable at this stage.The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. How Many Personal Injury Claims Go to Court? Successfully defending a charge of Speeding in Scotland is a technical job and it needs someone with the knowledge, experience and court craft to win.The NIP can be issued verbally by police officers if you have the misfortune of being stopped by the Police at the time. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. The flash of a GATSO camera in your rear view mirror is often the start of that sinking feeling that lets you know that your licence may be in jeopardy. 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. It should also be noted that the burden of proof lies with the accused. Copyright 2019 LGBT Lawyers. Does the Crown need to prove they sent a Notice of Intended Prosecution? Many people first get in touch with us when they have received a notice of intended prosecution. 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. WebTo satisfy legislation under Section 1 of the Road Traffic Act 1988 the Notice of Intended Prosecution (NIP) has to be served within 14 days of the alleged offence on the Registered Keeper of the vehicle. For example, if you lease your car, the lessor will be the registered keeper. The key words here are registered keeper and may. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. 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. It is a warning that you may be prosecuted for a certain offence or offences. The main exception is if there is an accident. It is for the accused to prove that he did not receive a warning (or the correct warning). Good article! You will pay a surcharge of 10% of the fine (the minimum is 30) and 85 costs. So, for example, someone is seen by civilians contravening a solid white line or witnessed undertaking or tailgating, all classic examples of careless driving in Scotland.
