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. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. In cases prosecuted on indictment under sections 1, 2, 3A and 22A RTA 1988 it will be usual for related summary offences to be adjourned sine die, or for there to be a lengthy period of remand, in order to await the outcome of the trial at the Crown Court. This should be done with the approval of the court and in order to assist in determining the question of disqualification. In R v Mooney [1997] Crim LR 137) the defendant pleaded guilty but then successfully argued that there was no evidence to prove the previous disqualification; on appeal it was held that the court should have taken into account the admission of previous disqualification implicit in his guilty plea. Keep your fingers crossed. The Section 172 notice will ask you to identify the driver of your car during the alleged offence. 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 (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. either orally or in writing at the time the offence was committed. 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. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. A Notice of Intended Prosecution will be issued to the offender in the post automatically after you've been snapped by a speed camera. . When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. 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. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. 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. In Skills Motor Coaches Ltd, Farmer, Burley and Denman (Case C-297/99), the European Court of Justice held that time spent on activities having a bearing on driving, such as time spent reaching the pick-up point for a tachograph vehicle, would affect his state of tiredness and must be regarded as forming part of 'all other periods of work' within Article 15 of Regulation No. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. 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. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. Police officers had recovered a DVD that had footage of a motorbike ride. 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. This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). . The prosecution should not seek to secure convictions on both. There are circumstances where you may not have received the NIP within 14 . Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. 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). This may involve having the case stood down (or adjourned) while this production is made. 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. You have 28 days to appeal your recorded police warning. (2) The general nature of the offence is . This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. . Where special reasons are put forward in cases of drink and driving, the court must consider the following factors, see Chatters v Burke [1986] 3 All ER 168: In DPP v Bristow [1998] RTR 100 the Divisional Court stated that the key question justices should ask themselves when assessing if such special reasons existed on which they might decide not to disqualify was this: what would a sober, reasonable and responsible friend of the defendant, present at the time, but himself a non-driver and thus unable to help, have advised in the circumstances, to drive or not to drive? A NIP is intended to warn you that you are going to be prosecuted for a driving offence. Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. There are four categories: Thirdly, it must be established whether the vehicle concerned is a goods vehicle, or passenger vehicle as distinct provisions apply. Fourthly and finally, the application of any statutory exemptions must be considered. What happens after a notice of intended prosecution? This will be sent to the registered keeper within 14 days of the offence. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. Disobeying traffic signs. 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. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road s.103 RTA 1988. 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. Failure to produce your documents at the police station may well result in additional loss and inconvenience to you, and led to an application for additional prosecution costs for the extra work involved. 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. Furthermore, considerable time will have elapsed since the alleged commission of the offences. from 2-196 to 2-221 for a full commentary. Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? Single Justice Procedure Notice. Under section 6(3) a certificate signed by or on behalf of the prosecutor, stating the date on which the necessary evidence came to his knowledge is conclusive evidence of that fact. Liverlad67 Forumite. We are only a phone call away. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. The Court of Appeal allowed a Reference by the Attorney General (Attorney General's Reference No. The following points need to be borne in mind: The six-month time limit applies to most summary road traffic offences, but statutory exceptions do occur. If a charge under s.2 RTA 1988 is sent to trial on indictment, the issue is for the trial court, unless the prosecutor decides that there has been a fatal non-compliance with the requirement. 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. 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. Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. The offence under section 87(1) of the Environmental Protection Act 1990. The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin [1981] RTR 416 it was said to be a definable right of way between two points. 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 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 same considerations will thus apply. . 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. Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. Failure to provide the information will result in court proceedings for that failure. 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. At its most basic level it is a vehicle which can be propelled by mechanical means. We frequently get asked about going to court for speeding offence, this depends on each individual case. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. For many offenders their prosecution will be their only experience of criminal law enforcement. . 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. It is alleged a speeding offence took place on 14/07/2017. Each case must be considered on its own facts to determine whether or not s148 applies. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. The offence under section 12 of the Licensing Act 1872. Therefore, any person using a Segway on a road will be driving otherwise than in accordance with a driving licence. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. However, to establish this defence, it is not sufficient for the defendant merely to show that the breaking or removal of the seal could not have been avoided by himself; he must show that the breaking or removal of the seal could not have been avoided in itself (Vehicle Inspectorate v Sam Anderson (Newhouse) Ltd [2002] RTR 13). If you don't send the police the driver's details within the time they state then . A warning as to increased costs should also be given, where appropriate. 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 law states that unless a notice of intended prosecution is served within the time limit set out that the person concerned will not be convicted - it doesn't state that the process stops . Management Personal Responsibility. Much will depend on the nature of the error and any explanation given by the defendant. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, 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. 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 . This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. In that event the case should not proceed unless the defence agrees to waive the point. 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. They are normally sent out when there is about 7 days of the original time limit remaining. 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. . Police across England and Wales will send out many . It is important to remember, however, that the alternative verdict can only be returned where the jury or magistrates have found the defendant 'not guilty' of the substantive charge. There are no time limits on subsequent NIPs but there is an overall time limit of six months for a prosecution to begin. If the notice was served late without a good reason then you can't be prosecuted anyway. In the Gidden case the High Court had to decide whether a notice of intended prosecution should be regarded as having been properly served where the notice was sent by first class ordinary post on a date that would normally lead to it being delivered within the 14-day time limit but where the court was satisfied that it was in fact delivered . If you were exceeding the speed limit by a great deal, you could receive a ban. As self-balancing scooters are mechanically propelled they require registration and a vehicle registration licence (tax disc). The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. 56 Posts. If the Police do not comply with the rules and time limits, they cannot prosecute. It is no defence that the defendant did not think he was driving on a public road. 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. 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. Then in the first paragraph it lists the incident date as 04/12/22. The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. News. Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. by serving the defendant with a summons within 14 days of the offence; or. 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. 14 July 2015 at 5:34PM. It is no defence that the driver failed to see the sign. within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. The prosecution argued that by plying for hire in Oldham, he was acting outside the terms of his insurance. The Notice of Intended Prosecution time limit of 28 days can incur harsh penalties of a fine up to 1,000 and six penalty points on a driver's licence if not dealt with inside the 28 day time constraints. Following such a demand, no motorist who has not produced his or her driving documents at a police station should produce them to a court in answer to a charge or summons without having previously produced them at a police station for inspection.