If an offence has been recorded . 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. Can you be prosecuted from dash-cam footage? Legal FAQ - Bennetts UK All offences under the Road Traffic Regulation Act 1984 other than those under sections 35A(2) , 43(5) and (12) , 47(3) , 52(1) , 108(3) , 115(1) and (2) , 116(1) and 129(3) or those mentioned in paragraph 1 above. The Codes of Practice under PACE apply to offences under this legislation as to any other. The letter is asking me to provide details of the driver of the vehicle. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Call us on 0161 834 9494 to discuss your case. Free Legal Info | The Notice of Intended Prosecution - MaryMonsonSolicitors Motorists, who have been unable to produce their driving documents on demand, following a lawful request by a police officer, should produce them for inspection within the required statutory period at a police station of their choice. The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. Proof of disqualification is essential. The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. If the vehicle is a company car, the police will send the first notice to . A NIP will often be followed by a 'summons' which is a document that literally summon s the keeper of a vehicle or the driver to court. note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert's statement is incorrect, inconclusive or misleading. Additionally, the user would need a driving licence and motor insurance. 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. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. 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. 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. I cannot prove this ( I do have a couple of texts I sent around the time stating . (f) the horsepower or cylinder capacity or value of the vehicle, received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. . 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). . Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. 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. Case Study: Speeding . This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. the possibility of danger to other road users (the most important factor). 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. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. Arrangements will then be made for the court to be informed about this. You must do this in writing. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence Dear Camera and Tickets office, Notice of Intended Prosecution: 0353050313275720 I write to acknowledge receipt of your Notice of Intended Prosecution above-referenced dated 06/08/2021, which mentions the alleged offence dated 26/06/2021 and . 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 offence under section 63B(8) of the Police and Criminal Evidence Act 1984. What Happens Next After Notice Of Prosecution? - Slater Difference between a NIP (notice of intended prosecution) and a Section Therefore, any person using a Segway on a road will be driving otherwise than in accordance with a driving licence. However, a recent High Court case has offered some very useful clarity on the issue of time limits. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. Notice of Intended Prosecution (NIP) - Motor Lawyers So what exactly is a written NIP? David Barton. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. Motorists will be encouraged to obtain proper documentation before driving a motor vehicle on the road, thereby increasing the safety of other road users. This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). Self-balancing scooters do not currently meet the legal requirements and therefore are not legal for road use. A. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. The requires the keeper of the vehicle to identify the driver. You may have heard that if you get a speeding ticket through the post more than 14 . 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 ". It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. 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. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. It is ultimately a matter of fact and degree for the court to decide. 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. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. Once the vehicle is identified and the registered keeper (your lease company) confirmed, a penalty notice will head into the mail. Notice of Intended Prosecution (NIP) Time Limits - Kang & Co You can find more information about replying to your Notice of Intended Prosecution (NIP) on our website. 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. Further a motorist who fails to produce the documents may commit an offence by their non- production. So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period. 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. Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. This isn't straightforward and needs to be heavily evidenced. 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. 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. The expression 'on a road or other public place' is employed frequently in road traffic legislation. These include: Failing to comply with a traffic sign. 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. Any person who aids and abets, counsels or procures the making of such a false record can be charged under s.8 Accessories and Abettors Act 1861. It's often the case that this offence exceeds the penalty for the substantive offence such as speeding that can carry three points or more. It should state the nature of the offence (for example Speeding) together with the time, date and place . It can be done by way of a summons served on the offender within 14 days of commission of the offence or by a notice of intended prosecution (NIP). However under Subsection (6) the company must prove that as well as not being able to identify the driver using reasonable diligence it must show that it did not keep a record of who was driving the vehicle and that the failure to keep such records was reasonable. It is a matter for police investigation. It is not possible for you to have your driving documents checked at court. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). As far as alerting persons to any alleged offence, notice can be given by different means. Time Limit for a NIP (Notice of Intended Prosecution)|Roadtrafficlaw The 14-day requirement only applies to the first NIP sent. Know your possible technical defences to protect your licence. 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). London, SW1H 9EA. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. 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. For pelican/zebra crossings and puffin pedestrian crossings see the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400). In that event the case should not proceed unless the defence agrees to waive the point. 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. A special reason is one which is special to the facts of a particular offence.
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