As a driver, few things are more stressful than receiving a notice of intended prosecution (NIP). It’s a sign that, as the registered keeper of your vehicle, you could be facing serious consequences such as penalty points, a driving ban, or a fine for an alleged offence. But what is an NIP and what do you do if you get one? This article will explain what an NIP is, the rules it follows and how it affects prosecution and defence in motoring offence cases. Stay informed and know your rights with #1 Motoring Solicitors.
What is a Notice of Intended Prosecution?
A notice of intended prosecution (NIP) is a formal written warning issued by the police to the registered keeper of a vehicle that they may be prosecuted for a specific motoring offence. This document is an initial notification that a motoring offence, such as speeding offences or running a red light, has been recorded by a speed camera or other means. Notably, it must be served within a strict time frame to be valid.
The purpose of an intended prosecution notice is to inform road traffic offenders quickly so they can recall the incident and prepare their defence for the alleged offence. This is especially important as details can be forgotten over time. Without this written warning, the driver of the vehicle may not even know they are under investigation for an offence they committed until they receive a court summons months later.
The notice of intended prosecution should be sent via first-class post by a police authority or via recorded delivery and will include details such as the alleged offence, date, time and location of the incident and details of the vehicle alleged to be involved. An NIP can also be issued in person by a police officer. If you receive an NIP, you have a legal obligation to respond. Failure to respond is a separate motoring offence often referred to as a ‘Section 172 offence’ which carries a fine and an endorsement of 6 penalty points upon your licence.
Drivers must read these written warnings carefully and fully understand them. Once the registered keeper confirms they were the driver or confirms the identity of the driver, they can be issued a fixed penalty notice or referred to Court for prosecution. This notice explains the fixed penalty, like fines or penalty points they will receive for the offence.
For example, a Fixed Penalty Notice issued for a speeding offence will be £100 fine and 3 penalty points. Should the offence warrant more than 3 penalty points (such as speeding at a high speed) then the case will be referred to the Single Justice Magistrates Court.
Likewise, having completed the Notice of Intending Prosecution, the police should also consider your eligibility for the speed awareness course. Attending this course avoids penalty points being endorsed upon your driving licence.
To What Motoring Offences Does an NIP Apply?
An NIP is not needed for all driving offences. The certain offences it applies to are listed in Schedule 1 of the Road Traffic (Offenders) Act 1988. The most common offences are:
- Careless driving (Road Traffic Act 1988, s3)
- Dangerous driving (Road Traffic Act 1988, s2)
- Speeding (various sections of the Road Traffic Regulation Act 1984)
- Failing to comply with traffic signs (Road Traffic Act 1988, s36)
Some offences that do not require an NIP:
- Drink driving (Road Traffic Act 1988, s5)
- Failing to provide a specimen to the police (Road Traffic Act 1988, s7)
- Causing death by careless or dangerous driving (Road Traffic Act 1988, ss1 and 2B)
- Using a vehicle in a dangerous condition (Road Traffic Act 1988, s40A)
- Mobile phone offences (Road Traffic Act 1988, s41D)
For minor motoring offences, you may receive a single justice procedure notice. A single justice procedure notice is sent to the registered keeper outlining the charges you’re being prosecuted for, who brought them against you, and the penalty without you needing to appear in the magistrates’ court.
If you believe you have not committed a motoring offence, or that the punishment is unjust, you may be able to appeal or ask the Court to review its decision.
What to Do if You Get a Notice of Intended Prosecution
As a driver, receiving a notice of intended prosecution (NIP) can be stressful but knowing how to respond can make a big difference on the eventual outcome of your case.
First, read the notice thoroughly to understand the allegations against you. Read the details of the offence carefully, including the date, time and location of the alleged offence to ensure that they are correct and match your records.
Once you’ve read the notice you need to act. The NIP will ask you to identify the driver of the vehicle at the time of the relevant offence. You must respond truthfully as failing to do so can lead to far more serious charges of Perverting the Course of Justice.
In such cases where you receive a late notice of intended prosecution, you still must respond and identify the person driving the vehicle when the offence was committed.
If you think the NIP was sent in error, out of time or you have grounds to contest it, we suggest that you seek legal advice. Professional help from motoring solicitors can guide you on what to do in such circumstances. They can explain your rights, any further action you should take, the strength of the case against you and the defences available.
What Rules Must an NIP Follow?
For a notice of intended prosecution (NIP) to be valid, it must follow specific rules. One of the most important is the 14-day time limit. This means the NIP must be served on the registered keeper or driver within 14 days of the alleged offence, subject to certain exceptions. If this timing is not met the notice will be invalid. Notably, if you received a verbal notice that you may be prosecuted from the police at the road side, the 14-day rule does not apply.
The NIP must also be served in accordance the Criminal Procedure Rules. This means proper service, which can be by post, hand delivered by a police officer or left at the last known address of the person. Getting the procedure right is key to the NIP being enforceable and the prosecution being able to satisfy the Court that they can prove the case. Failure to prove that the NIP was lawfully served allows the motorist to argue that they should not be convicted of the original motoring offence.
Another important aspect of the NIP is the accuracy of the information it contains. Any errors in the details of the alleged offence, such as the date, time or location can be grounds to contest the notice. If in doubt about the NIP take legal advice from a specialist motoring lawyer.
What Are My Responsibilities?
It is worth noting that an NIP sent to an old address because you failed to update your information in the DVLA database will not be considered a reasonable excuse. There is no cross-referencing of addresses with the driving licence of the registered keeper. It is important to keep your address and other information up to date with the DVLA. If you fail to do so, court proceedings may be started without your knowledge.
You must undertake due diligence as the registered keeper of the vehicle in respect of the identity of the driver at the time of the offence. If you sold your vehicle and received an NIP, you should provide details about the new owner so that police can identify the person driving at the time of the offence.
Even if you can’t identify the driver, you should still return the completed form – if you receive such a warning and provide as much information as possible to keep the police informed.
If you own the vehicle as a limited company or a vehicle lease company, you must still respond and identify the driver of the vehicle when the offence occurred. Proper and detailed written records should be kept to identify who was driving a vehicle at a particular time. Being prosecuted as a limited company can be very expensive – if the Company is found guilty then the size of any fine imposed by the Court is measured by the annual turnover of the company.
When responding to an NIP, never give false information to the police. Answer all questions truthfully to the best of your ability to avoid being prosecuted for additional offences more serious offences.
How Can a NIP Be Used in Your Case?
Prosecution
For the prosecution, an NIP shows intent to prosecute. It is a formal record that the driver was informed of the legal action within the time limit.
The NIP can also provide the prosecution with early evidence of the driver’s knowledge and response to the allegations. Any admissions or statements made in response to the NIP can be used against the driver. The NIP is a legal document that can be produced and used in Court proceedings. You must handle the notice carefully and should seek legal advice before responding.
Not responding to an NIP can lead to further charges such as failure to furnish driver details. Ignoring a notice of intended prosecution is considered failing to provide driver details; an offence that carries a significant fine and can get you 6 penalty points on your driving licence, which is often more penalty points imposed for speeding offences. The NIP is a powerful tool for prosecutors to build their case and ensure that the law applicable to road traffic offences was followed.
Defence
For the defence, the NIP can be a key part of challenging the prosecution’s case. If the NIP was not served upon the registered keeper of the vehicle the 14-day time limit, this can lead to the motoring offence being dismissed. Showing procedural errors or inaccuracies in the NIP can damage the prosecution’s case beyond repair.
You need legal representation if you are to argue that the Notice of Intended Prosecution was not served within 14 days or is in some way deficient. Experienced motoring solicitors can examine the original NIP for any procedural errors and help build a defence. They can also advise you on the best way to challenge the allegations.
How Can #1 Motoring Solicitors Help?
At #1 Motoring Solicitors we specialise in motoring offences including NIPs. Our team of solicitors can guide you through the NIP process and protect your rights every step of the way.
We can advise you on how to respond to the NIP, including checking the notice is correct and exploring potential defences. Our knowledge of the legal requirements and process means we can find any errors in the NIP procedure.
If you are being prosecuted for a motoring allegation we can represent you in court and present a defence to the alleged offence. If you are convicted, we can speak on your behalf in Court and may be able to help secure less severe penalties, often arguing against a driving ban or trying to reduce the number of penalty points imposed upon your driving licence.
Conclusion
When a motorist receives an NIP, fixed penalty notice, single justice procedure, or even a verbal warning from the police, it is important to respond. Motoring offences can be complicated but understanding the NIP and ensuring that was lawfully issued is an important step. Act fast and seek advice to protect your rights and build a potential defence to a motoring offence.
Whether you need further advice on responding to an NIP or representation in court, #1 Motoring Solicitors are here for you. Our expertise and commitment to results means you will get the best support throughout the process.
For further information and personalised legal assistance, contact #1 Motoring Solicitors today.