within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. It should, however, be remembered that the driver is the 'person at the wheel; Falsification of records usually takes place to enable more journeys to be undertaken than would be possible during lawful working hours, thereby jeopardising road safety. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. Production of driving documents at the police station in the first instance must be encouraged. A Notice of Intended Prosecution must be served on the vehicle's DVLA registered keeper within 14 days after the date of the alleged offence. For many offenders their prosecution will be their only experience of criminal law enforcement. The offence is equally serious, whether "use" or "causing or permitting" is involved. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. 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. This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). 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 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 . information online. If you fail to comply within the statutory 28-day period to return the notice, you will be liable to prosecution and receive six penalty points, in addition to a fine of up to 1,000. 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. If your defence is that you did not receive it within this timescale, the onus is on you to prove it on the balance of probabilities. 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 law (Section 1 of the Road Traffic Offenders Act 1988) requires that, for a person to be convicted of certain road traffic offences, he or she must. For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. 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 . Section 3 (careless driving/driving without reasonable consideration), Section 22 (leaving the vehicle in a dangerous position), Sections 35 and 36 (disobeying certain traffic signs and police signals) And under the Road Traffic Regulation Act. 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). It is regularly updated to reflect changes in law and practice. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. . If you were exceeding the speed limit by a great deal, you could receive a ban. 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. Neither is a 'special reason' a defence to the charge. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. NIPs can also be issued . Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. 0. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. Other ways to contact the Speed Enforcement Unit. They are capable of speeds up to 12 mph. "Intended or adapted for use on roads" is also not defined by statute and again is ultimately a matter for the court to decide based on the evidence before it. This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. Further a motorist who fails to produce the documents may commit an offence by their non- production. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. 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). 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. 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 . See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). Know your possible technical defences to protect your licence. Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). Using a mobile phone whilst driving. Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. Current timestamp: 03/03/2023 00:55:41 . It should state the nature of the offence (for example Speeding) together with the time, date and place . Making enquiries does not extend the 28 day time limit as stated on the NIP. For pelican/zebra crossings and puffin pedestrian crossings see the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400). Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. 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. See also the decision in R v J F Alford Transport Ltd [1997] Crim LR 745 in which the Court of Appeal held that a secondary offender had to intend to do the acts which he knew to be capable of assisting or encouraging the commission of the crime, but that it was not necessary that he should have intended the crime to be committed. Although a NIP must be received within 14 days of the alleged offence, this statutory time limit does not apply to a section 172 demand. 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. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. Case Study: Speeding . The NIP must be served on the registered keeper of the vehicle within 14 days of the offence otherwise the offence can't proceed to court. Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. The offence under section 91 of the Criminal Justice Act 1967. It is ultimately a matter of fact and degree for the court to decide. A copy should be provided to all parties and to the court. In R v Derwentside Justices ex parte Swift, R v Sunderland Justices ex parte Bate [1997] RTR 89 a section 9 statement was admitted in evidence from a constable who stated that he knew the defendant and had been present when he had been convicted and disqualified for two years on a previous occasion. The offences under sections 55 and 56 of the British Transport Commission Act 1949. There is no direct binding authority on the definition of a 'false chart', but it is suggested that the following elements should be present: See also the decision of the Court of Appeal in R v Bishirgian, Howeson and Hardy [1936] 1 All ER 586 at page 591 and R v Osman, Mills and Chalker 09/01/93 (unreported, but copy of judgement held at HQ Library). 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. 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. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. the possibility of danger to other road users (the most important factor). 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. However, a recent High Court case has offered some very useful clarity on the issue of time limits. 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). Offences against traffic signs and police signals are dealt with in Sections 35, 36, 37 and 163 of the Road Traffic Act 1988. A notice of intended prosecution can be given: Road Traffic Act 1988 (RTA 1988) offences to which s.1 RTOA 1988 applies include: Section 2 RTOA 1988 states that the prosecution does not have to comply with s.1 RTOA 1988 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards. 3821/85. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. The statutory time limit for commencing proceedings is 6 months after the date of the alleged offence. Alternatively, you could receive a 100 fixed penalty ticket and 3 points or if the matter goes to court you could receive a maximum fine of 1000 (2500 if on a motorway) and 3 to 6 penalty points. Laying an information within the six months' time limit before deciding whether or not to prosecute may result in the proceedings being stayed as an abuse of process; see. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). For those that attend court without having driving documents checked at a police station, the case is highly likely be put off so that you can take the documents to the nominated police station and have them checked there. Your Enquiry Details: (required) The definition of "served . We are only a phone call away. The offence under section 80 of the Explosives Act 1875. 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. 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. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. 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 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. The time limit for a written warning is 14 days from the date of the offence. If it is issued to you after the incident, it must be done within 14 days. 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? The requirement is to provide those details within 28 days. A. As a general rule, if you're caught travelling in excess of 45% . The Section 172 notice will ask you to identify the driver of your car during the alleged offence. You may have heard that if you get a speeding ticket through the post more than 14 . Proceedings cease to be specified if a magistrates' court begins to receive evidence in those proceedings other than evidence that is: Proceedings for an offence mentioned in the Schedule are not specified if the defendant is charged under s.37(7)(d) Police and Criminal Evidence Act 1984 (PACE 1984) or the defendant is less than 16 years old at the time when a summons or requisition is issued in respect of the offence - S.3(1A and B) Prosecution of Offences Act 1985. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. 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 . 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 who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. 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. The certificate is, therefore, likely to be signed by the appropriate police officer. The offences under section 12(3) and 14(3) of the Drugs Act 2005. 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. . In cases where there are no charts available, consideration should be given to prosecuting defendants for this offence where devices have been fitted or wiring/electronics have been tampered with to prevent the tachograph from functioning correctly. 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 . 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. Each case must be considered on its own facts to determine whether or not s148 applies. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. The burden of establishing an exemption under the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 rests on the defendant on a balance of probabilities - Gaunt and Another vNelson [1987] RTR 1. Under s.96(11)(b) TA 1968 liability also falls upon "any other person (being that driver's employer or a person to whose order the driver was subject) who caused or permitted the contravention". 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. To assist victims in any future claim for compensation, a written record should be kept of all relevant details about the driving documents produced to the police. 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. An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. Where the police refer a case involving a Self-balancing Personal Transporter to the CPS, the prosecutor should, as is usual, consider the facts of the case, having regard to the licensing considerations set out above, and apply the two stages of the full code test in the Code for Crown Prosecutors when deciding whether or not a prosecution should proceed. 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. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. This penalty notice is called a Notice of Intended Prosecution (NIP). You can check whether . 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. The time limit applies to the notice of intended prosecution. However, courts should be reluctant to disqualify offenders in their absence because of this potential problem. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. However there is an exemption if the Police cannot reasonably obtain the keeper's details within that time, for example if the DVLA has no keeper details or they are incomplete. Care should also be taken to ensure that sufficient charges are put to enable the gravity of the offence to be reflected in the sentencing process. The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. Assessment of the role played by each person in the company/operator in the case of large scale prosecutions; Whether there has been systematic flouting of the law resulting in widespread falsification of records endorsed by management. If the Police do not comply with the rules and time limits, they cannot prosecute.
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