A NIP is intended to warn you that you are going to be prosecuted for a driving offence. . The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. 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). A warning as to increased costs should also be given, where appropriate. A. Magistrates & Crown Court Trials. The offence under section 1 of the Theft Act 1968, but only if it is the prosecutor's case that the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates Courts Act 1980. 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 offences under sections 55 and 56 of the British Transport Commission Act 1949. It may then be possible for your case to be dealt with in your absence, but only if you have been offered this opportunity in the other documents that are with the summons and you return the necessary documents to the court in time with the required details. 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. 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. Where a person is convicted of an offence involving obligatory disqualification the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified. David Barton. Motoring Offences and the Importance of Time Limits. McCombe LJ said, delivering the judgment of the court: if the restriction is rendered ineffective by the operation of s.148 then the policy is to be read, as it seems to me, as if that restriction was treated as deleted in blue pencil from its wording.. 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. If you don't send the police the driver's details within the time they state then . 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. 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. 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. 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 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. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. 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. 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. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. There is a time limit for service of an Notice of Intended Prosecution and failing to abide by it can be fatal to the Crown case. It does not mean the driver has 24 hours within which to report the collision. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The offence under section 5 of the Public Order Act 1986. The vehicle caught speeding . The statute of limitations for injuries to children only starts at the eighteenth birthday. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. Liverlad67 Forumite. . etc. 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 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. Offences are either way, punishable by way of fine in the Magistrates' Court or by imprisonment (maximum two years) in the Crown Court. 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 . 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. The law relating to tachographs falls into two categories: The rules governing the mechanical operation of tachographs are set out in EEC Regulation 3821/85 and that covering the hours permitted are set out in Regulation (EC) 561/2006. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. (g) the carrying on the vehicle of any particular apparatus, or Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). 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). If you do not complete and return the NIP/S172 notice correctly within the 28 day time limit, you face a separate charge of failing to notify driver's details, which is a 6 penalty point offence with a fine of up to 1,000. The driver must be given notice in writing specifying the reason for the prohibition and its duration. The offence under section 49 of the Fire and Rescue Services Act 2004. It is essential to check files when powers have been exercised to ensure the material sought to be exhibited has been obtained lawfully in order to rebut any application under s.78 PACE. Proof of disqualification is essential. Uninsured drivers pose a substantial risk to other road users. 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 driving documents to a police officer on demand or at a nominated police station. All staff, including agents, and magistrates who deal with motoring cases should receive training so that they may be aware of the terms of this protocol. Then in the first paragraph it lists the incident date as 04/12/22. Once police have received written confirmation from the driver, it is the drivers' choice to either accept: 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. 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. 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. The certificate is, therefore, likely to be signed by the appropriate police officer. 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 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. 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. If an offence has been recorded . Failure to do so will entitle the prosecution not only to seek an adjournment but also to cross-examine the defendant on his failure to give such notice so that the court may consider whether that failure reflected upon his bona fides, see DPP v O'Connor [1992] RTR 66, an authority which is also helpful on the procedural requirements and the general approach to be adopted. The letter is asking me to provide details of the driver of the vehicle. . Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. 14 July 2015 at 5:34PM. Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . Fourthly and finally, the application of any statutory exemptions must be considered. The requirement is to provide those details within 28 days. The failure to stop is usually viewed as the more serious of the two. The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. 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. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. 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. The time limit for service . 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. . 1968, so that proceedings relating to the unauthorised taking of a mechanically propelled vehicle may be commenced at any time within six months from the date on which sufficient evidence to bring a prosecution came to the knowledge of the prosecutor. There are circumstances where you may not have received the NIP within 14 . A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. 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. Note that the 6 month time limit in section 99(6) has no effect on the either way time limit and refers only to charts actually seized under this specific power, not to charts removed under the statutory powers. 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. In. If you've been caught by a policeman operating a radar .
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notice of intended prosecution time limit