. However, if a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. The offences under sections 3 , 17(2) , 18(3) , 24(3) , 26(1) and (2) , 29 , 31(1) , 35 , 42(b) , 47(1) , 87(2) , 143 , 163 , 164(6) and (9) , 165(3) and (6) , 168 , 170 and 172(3) RTA 1988. If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. If the points will take you over the 12-point maximum, leading to a minimum six-month ban, you may wish to pursue a plead of 'exceptional hardship'. Under s.97AA TA1968 a person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 applies, shall be guilty of an offence. etc. 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. The letter is asking me to provide details of the driver of the vehicle. This might, for example be a driving licence or certificate of insurance. A NIP will often be followed by a 'summons' which is a document that literally summon s the keeper of a vehicle or the driver to court. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! But where a disqualified person has had his driving licence returned in error by the DVLA, the prosecution should take that fact into account in deciding whether or not to proceed. There is no time limit for subsequent requests or reminders. If this happens you'll have the chance to challenge the case against you. Age prohibitions on driving are set out in s.101 RTA 1988. It is no defence that the driver failed to see the sign. 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. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. There will be occasions where although the offence under section 22A is made out, the charging of one of the less serious offences listed above will be more appropriate. Our specialist lawyers have years of experience having dealt with 100s of cases with a high success rate. either orally or in writing at the time the offence was committed. 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. 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. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. Production of driving documents at the police station in the first instance must be encouraged. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. 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). The Section 172 notice will ask you to identify the driver of your car during 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. 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. Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. Section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway); Section 131(2) Highways Act 1980 (obliterating or pulling down a traffic sign). In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. . 56 Posts. The statute of limitations for injuries to children only starts at the eighteenth birthday. 1 of 2000 sub nom R v J T, Times LR 28 November 2000, [2001] 1 WLR 331, [2001] Crim LR 127), against a decision to acquit on the basis that the provision of a false tachograph record did not constitute forgery contrary to the Forgery and Counterfeiting Act 1981, section 1 and section 9. Under section 72 of the Highway Act 1835 (extends to England and Wales only) it is an offence to wilfully ride on the footway. 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 time limit for a written warning is 14 days from the date of the offence. 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. 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. What is the penalty for speeding or running a red-light? 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 . You have 28 days to appeal your recorded police warning. The police must serve the notice on either the driver or the registered keeper. Nothing less than wilfulness or recklessness would suffice. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. If the procurator fiscal decides that the case against you should go ahead, you may have to appear in court. A. . The driver will then receive a notice of intended prosecution in his/her own name. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. In computing the limitation period the day on which the offence was committed is not included. The police should give consideration to training CPS and court staff in the methods used to produce fraudulent documents and have an agreed method of responding to any such documents that are produced in legal proceedings. When the prosecutor considers instituting proceedings within the extended time limit period, reasons for the delay and any degree of responsibility borne by the offender should be taken into account. If the vehicle is a company car, the police will send the first notice to . Using a mobile phone whilst driving. There are four categories: Thirdly, it must be established whether the vehicle concerned is a goods vehicle, or passenger vehicle as distinct provisions apply. Section 6 applies to the following offences under RTA 1988: Section 37 of the Vehicles (Crime) Act 2001 amends the time limit in the Theft Act. Notice of Intended Prosecution lawyers. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). Where an officer took the records away with him, the rules of natural justice permitted an operator to take copies of the records before they were removed, save in circumstances where, for example, the operator became obstructive or for some other reason that made it impracticable. This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. Some 'routine' prosecutions, for example under the Construction and Use Regulations and related provisions of the Road Traffic Act (RTA) 1988, may have special significance for the traffic commissioners when dealing with licensing applications from heavy goods vehicle operators. However, the Divisional Court held that the purported restriction fell within s.148(2)(e) and was therefore void. 14 July 2015 at 5:34PM. Notice in writing to that effect must be given to the driver of the vehicle. . The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. . If you don't send the police the driver's details within the time they state then . If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). 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. For reasons, see DPP v O'Connor [1992] RTR 66. Your appeal may mean that the police send a report to the procurator fiscal. By post - Speed Enforcement Unit, PO Box 213, Bristol, BS20 1DR; App. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. 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 . Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. It can be done by way of a summons served on the offender within 14 days of commission of the offence or by a notice of intended prosecution (NIP). What happens after a notice of intended prosecution? See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). Prosecutors who are dealing with a prosecution for no insurance where the case is based on the driver not meeting some condition of the insurance must be vigilant to check that the exclusion relied upon to make out the offence is not one of those avoided by s.148(2). This is a summary offence. It can include both electrically and steam powered vehicles. A sample notice is attached at Annex A below. 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. A. Magistrates & Crown Court Trials. If you've been caught by a policeman operating a radar . They are normally sent out when there is about 7 days of the original time limit remaining. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, In Cantabria Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286 the court took account of the need to ensure effective checking. A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. A. 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. Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). No member of the Crown Prosecution Service or agent acting for them, or member of the magistrates' court staff should ordinarily be required to inspect or verify a motorist's driving documents relevant to a prosecution before the court. "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. This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. Section 127 MCA 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise.