A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Much will depend on the nature of the error and any explanation given by the defendant. 14 July 2015 at 5:34PM. The effect is that the duty of the Director of Public Prosecutions to take over the conduct of all criminal proceedings instituted on behalf of a police force will not include a duty to take over specified proceedings. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . 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. A special reason is one which is special to the facts of a particular offence. 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. If that has been served late it does not give the driver an excuse for not replying to the requirement to provide driver details. Please note, if the notice is sent to you by post, it should contain the following details: The details of the driving offence (e.g. 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. 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. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. "Road" is defined at s.142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes. 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. You can check whether . A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. I cannot prove this ( I do have a couple of texts I sent around the time stating . The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, The issue can be raised at any relevant stage of the proceedings or be decided as a preliminary point. The prohibition may be applied for a specified period, or without limitation of time. I have received a Notice of Intended Prosecution (NIP) from the police Notice of Intended Prosecution. Archives - Forrest Williams Speeding | South Wales Police 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.

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