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'. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. 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 . third party insurance. 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. A. 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. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, Once police have received written confirmation from the driver, it is the drivers' choice to either accept: 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. Where a defendant raises exceptional hardship as a reason for not being disqualified under the repeated offence provisions of s.35 RTOA 1988 it is appropriate for the prosecutor to question the defendant. The registered keeper of a vehicle has a legal obligation to provide details of who was driving at the time of an alleged motoring offence. 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). I unexpectedly received a letter from the police who at the time intended to prosecute me for driving an electric scooter without insurance, and without a license. Proof of disqualification is essential. A copy should be provided to all parties and to the court. . The time limit for service . 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. It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. 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 . The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . Such a certificate is deemed under sub-section (4) to have been so signed unless the contrary is proved. Notice of Intended Prosecution. Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. Failure to provide the relevant information may result in prosecution and the punishment could be worse than for the speeding offence. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. The Crown Prosecution Service Furthermore, considerable time will have elapsed since the alleged commission of the offences. by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. Here's everything you need to know and if you receive a Notice of Intended Prosecution. Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. In Vehicle Inspectorate v Blakes Chilled Distribution Ltd [2002] 166 JP Jo.118, the Administrative Court held that the intent necessary to prove vicarious liability was established where it could be proved that an employer had failed to take reasonable steps to prevent contraventions by drivers, provided that such failure was not due to honest mistake or accident. If the company did have such a system but it didnt work on a particular occasion that might suffice as a defence. The offences arising by contravention of Regulations 3(9)(a) (involving a pedal cycle) and 3(9)(b) and 4(27), (28) and (30) of the Royal and Other Open Spaces Regulations 1997. Bail should be considered for the period of any adjournment and the defendant encouraged to produce the relevant documents in the meantime. Section 99 TA 1968 empowers police and Department for Transport officials to require the production of records and documents, whether or not offences are revealed on the face of them. "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. Keep your fingers crossed. 08 October 2018 The driver will then receive a notice of intended prosecution in his/her own name. If an offence has been recorded . For speeds significantly more excessive than the limit, penalty points and a fine will be issued. A Notice of Intended Prosecution will be issued to the offender in the post automatically after you've been snapped by a speed camera. We represent drivers throughout Scotland. 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. Current timestamp: 02/03/2023 01:38:55 . 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. In this case the appellant appealed by way of case stated against a decision that the prosecutor's certificate issued under the Computer Misuse Act 1990 was conclusive and that he could not argue that the prosecution was out of time. In deciding whether to rely on the extended time limit, the prosecutor should ensure that he/she is able to ascertain the date on which sufficient evidence to warrant proceedings came to the knowledge of a police officer investigating the incident, since this is a requirement of the procedure. 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. Rob Skinner of our Criminal Department considers the importance of time limits in relation to motoring offences. The offence under section 49 of the Fire and Rescue Services Act 2004. Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. Periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No: 3821/85 before taking over a vehicle subject to that Regulation. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! such proceedings must be properly recorded and the police informed; no action should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim; Prosecutors must be alive to the sophistication of fraudulently produced material. Attempting to or producing any document with intent to deceive may result in severe penalties. This means that where an insurance policy purports to impose a restriction based on any of the matters listed above, that restriction is of no effect and the policy should be read as if the words containing the restriction had been struck out. In either case, so long as it arrives at the relevant address within the time limit the . So what exactly is a written NIP? CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex 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. As self-balancing scooters are mechanically propelled they require registration and a vehicle registration licence (tax disc). 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. the possibility of danger to other road users (the most important factor). So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period. I was . No mens rea is necessary (see Hill v Baxter [1958] 1 All ER 193). 102 Petty France, A taxi driver who had a licence to ply for hire in Rossendale and whose insurance covered him for the carriage of passengers for hire or reward under a public hire licence was not guilty of having no insurance in spite of plying for hire in Oldham, to which his licence did not extend. For further commentary see (Wilkinson's 6.01). We are only a phone call away. The Section 172 notice will ask you to identify the driver of your car during the alleged offence. 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. 1503 & 1507. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. 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. Further exceptions to the six-month time limit appear in provisions in other Acts identical in effect to section 6 RTOA 1988. Sometimes a similar document called a 'postal requisition' arrives instead. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. The following factors should be considered in prosecutions relating to drivers' hours, breaches or falsifications: Procedure where No Documents are Produced at a Police Station and Summonses for Apparent Offences are Issued, Defendants Attempting to Produce Documents at Court for the First Time, Notice To Persons Summonsed To Court For Either Not Having Or Failing To Produce To The Police Any Relevant Documents For The Use Of A Motor Vehicle On A Road Or Public Place, SCHEDULE 1 - OFFENCES PROCEEDINGS SPECIFIED BY ARTICLE 3(1). . Motorists, who have been unable to produce their driving documents on demand, following a lawful request by a police officer, should produce them for inspection within the required statutory period at a police station of their choice. A challenge to justices on their decision not to disqualify because of special reasons should normally be by way of case stated rather than judicial review. 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. . 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. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. The certificate is, therefore, likely to be signed by the appropriate police officer. . As a general rule, if you're caught travelling in excess of 45% . For many offenders their prosecution will be their only experience of criminal law enforcement. If time permits, you will be asked to return to court on the same day for your case to be completed. We frequently get asked about going to court for speeding offence, this depends on each individual case. Fourthly and finally, the application of any statutory exemptions must be considered. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. If you do not receive it within 14 days, any prosecution may be considered invalid. from 2-196 to 2-221 for a full commentary. Management Personal Responsibility. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. 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. Providing this information is a legal obligation under Section 172 of the Road Traffic Act (RTA). Liability for these offences falls upon the "Driver" (for the Domestic Rules) or the 'Offender' (for the European Community Rules). The time limit for a written warning is 14 days from the date of the offence. 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. Self-balancing scooters do not currently meet the legal requirements and therefore are not legal for road use. Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". The police must serve the notice on either the driver or the registered keeper. 9/ If the S172 notice is valid (ie not sent after the time limit) or perhaps in any case, you should tell the police that you have no idea, after this length of time, who was driving. 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. 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. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. 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 . Despite the fact that offences involving falsification of charts have been both investigated and prosecuted as forgeries under the 1981 Act for many years, a combination of this decision and the Osman case demonstrates beyond doubt that false charts can constitute false instruments under that Act. It is essential to check files when powers have been exercised to ensure the material sought to be exhibited has been obtained lawfully in order to rebut any application under s.78 PACE.