Going to Court for Speeding Offence | Motoring Offence Solicitors We are regularly presented with the scenario when there is a degree of dubiety attached to . Failing To Name Driver - Section 172 Notice - Patterson Law What is a notice of intended prosecution (NIP)? - DAS Law 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. Insurance cover is required for the use of a vehicle on a road or a public place. . What Happens If I Get A Ticket In My Lease Car? However, courts should be reluctant to disqualify offenders in their absence because of this potential problem. Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). 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. 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). Road Traffic Offenders Act 1988 - Legislation.gov.uk 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. 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. 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. 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. In particular s.6 RTOA 1988 provides a special time limit for offences listed in Column 3, Schedule 1 RTOA 1988, and for aiding and abetting those offences. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). Such alternative verdicts are permitted in relation to the summary offences of: Alternative verdicts under sections 4(1), 5(1)(a), 7(6), 4(2), 5(1)(b) or 29 RTA 1988 may be returned as appropriate, despite the fact that the six month time limit for those offences are likely to have lapsed. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. Speeding Fines, Tickets And Penalties Explained - Which? If the company did have such a system but it didnt work on a particular occasion that might suffice as a defence. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. 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. The general time limit for injury litigation is three years, with multiple exceptions and special cases. For a detailed explanation of the consequences of prosecution and your options for defending a speeding charge, get in touch which our expert road traffic solicitors today. address the court, after the defence, on matters of law and should remind the court that there is a two stage process: first, to determine whether there are special reasons and, second, if there are special reasons, to consider whether to exercise the courts discretion not to endorse or disqualify (or to disqualify for a shorter period that the usual tariff of twelve months), Section 137 Highways Act 1980 (wilful obstruction of the highway), Regulation 103 Road Vehicles (Construction and Use) Regulations 1986 - (causing or permitting a vehicle to stand on a road so as to cause an unnecessary obstruction), Section 22 RTA 1988 (leaving vehicles in a dangerous position), Offences under the Criminal Damage Act 1971. Other ways to contact the Speed Enforcement Unit. CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. Failure to provide the information will result in court proceedings for that failure. 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. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence 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. Uninsured drivers pose a substantial risk to other road users. 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. MET Portal - Metropolitan Police 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. 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. Notice of Intended Prosecution - NIP | Transports Friend 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 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. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). Where a substantial proportion of a company's operating records for a given period have been the subject of falsification and management are involved, it is almost always the proper course to recommend that the case should be dealt with on indictment. 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 . 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. Other legal requirements relate to construction and use, and to lighting. 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. 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). information online. 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. 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. 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. The time limit for service . 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. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. 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. 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. 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. So what exactly is a written NIP? It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. Road Traffic - Summary Offences | The Crown Prosecution Service (e) the time at which or the areas within which the vehicle is used, 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 . In Vehicle Inspectorate v Nuttall [1999] Crim LR 674, the House of Lords held that the Community rules placed a responsibility on employers to use tachograph records to prevent contraventions and to promote road safety. It can include both electrically and steam powered vehicles. Sometimes a similar document called a 'postal requisition' arrives instead. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. Notice of Intended Prosecution - Driving Test Tips The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. 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. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. 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. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. My Notice of Intended Prosecution was issued to me after the from 2-196 to 2-221 for a full commentary. 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. an admission under s.10 Criminal Justice Act 1967; fingerprint evidence pursuant to s.39 Criminal Justice Act 1948; and. 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. The offence under section 49 of the Fire and Rescue Services Act 2004. Subsection (3) makes it an offence for the keeper to fail to comply. 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. Additionally, the user would need a driving licence and motor insurance. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. 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. However, a recent High Court case has offered some very useful clarity on the issue of time limits. In interview, the defendant conceded that he could be the rider. 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. 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. 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. Ben, I have received a NIP over 14 days later the offence - JustAnswer 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. 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 . Section 127 MCA 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise. As a result, if an insurance policy contains a restriction (for example) that the driver must be aged over 21, that restriction may be void and a person aged under 21 who would otherwise have been covered to drive the vehicle may not be guilty of driving without insurance. The offence is equally serious, whether "use" or "causing or permitting" is involved. Frequently Asked Questions | Honest John As far as alerting persons to any alleged offence, notice can be given by different means. A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. Notice of Intended Prosecution | Devon and Cornwall Police 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. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. A public place is a place to which the public, or part thereof, have access. What is a Notice of Intended Prosecution? - Notice of Intended The offence under section 12 of the Licensing Act 1872. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. This is an onerous test to pass as it is generally fairly easy for a company to have a system in place which identifies the driver of a company vehicle at any given time, for example a log book kept in the vehicle which allows any drivers to enter the details of his or her journey. The prosecution should not seek to secure convictions on both. 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. 1503 & 1507. We represent drivers throughout Scotland. The offence under section 1(1) of the Criminal Damage Act 1971, but only if it is the prosecutor's case that (a) the offence was not committed by destroying or damaging property by fire; and (b) the value involved, within the meaning of Schedule 2 to the Magistrates Courts Act 1980, does not exceed 5,000. 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. Driving Offence Solicitors | Pragma Law Where agreeable, and in the absence of any grounds for suspicion, it may be possible to agree (such agreement to include that of the defendant) the use of a facsimile copy or the documents to be sent to an agreed police station for verification and recording to take place while the case is stood down temporarily. 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". 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. The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. be warned at the time that he might be prosecuted for an offence, or, be served with a summons . You must do this in writing. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. 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. . This is a summary offence. The 'prosecutor' for the purposes of section 6 can be the investigating officer or the informant (see [1976] 140 JP Jo., 675; Swan v Vehicle Inspectorate [1997] RTR 187. Nothing less than wilfulness or recklessness would suffice. It is regularly updated to reflect changes in law and practice. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. Section 170(2) RTA 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. Even when you weren't the driver at the time, you must provide the police with the driver's details. 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. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. 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. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. 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. A. 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. Federal Register :: Expansion of Induction of Buprenorphine via A taxi driver who had a licence to ply for hire in Rossendale and whose insurance covered him for the carriage of passengers for hire or reward under a public hire licence was not guilty of having no insurance in spite of plying for hire in Oldham, to which his licence did not extend. In either case, so long as it arrives at the relevant address within the time limit the . 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, . Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. 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. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. Start now. Speeding fines: top tips on UK speeding tickets and how to appeal them The prohibition may be applied for a specified period, or without limitation of time. It is enough that it is received by a member of his staff impliedly authorised to receive it. Further guidance can be found in Wilkinsons Road Offences (29th Edition Chapter 10). The requirement is to provide those details within 28 days. The offence under section 12 of the Criminal Justice and Police Act 2001. Can you be prosecuted from dash-cam footage? Legal FAQ - Bennetts UK 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. 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. 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. 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. 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. The offences under sections 55 and 56 of the British Transport Commission Act 1949. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. 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. 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. 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 . It was held that the court could not go behind the prosecutor's certificate save where the certificate was inaccurate on its face or in cases of fraud. Notice of intended prosecution and offence | West Yorkshire Safety