NIP - Notice of Intended Prosecution

#1
One for the plod really, got pulled over for going a wee bit over the speed limit about 3 months ago. Wasn't given a ticket at the time but there was mention of the possibility of a dangerous driving charge. Basically, does the 14 day NIP rule apply or am I fooked?
 
#3
mediumwhiteamericano said:
What's the rule arby? If you don't hear anything within 14 days you get away with it? Is that working days or calandar days?
Notice of Intended Prosecution

Section 1(1) of the Road Traffic Offenders Act 1988 requires that a Notice of Intended Prosecution MUST be given for certain offences. These include:-

Dangerous Driving
Careless & Inconsiderate driving
Leaving a vehicle in a dangerous place
Dangerous cycling
Careless & Inconsiderate cycling
Failing to conform with the indication of a police officer when directing traffic
Failing to comply with a traffic sign
Exceeding temporary speed restrictions by s14 of the Road Traffic Regulation Act 1984
Exceeding speed restrictions on a special road
Exceeding temporary speed limit imposed by order
Speeding offences generally.

There is an exception to this and an NIP is not required if the offence arises out a Road Traffic Accident.

It is important you thoroughly read the next section .

A person shall not be convicted of an offence in which this section applies unless:-
(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, OR

(b) within 14 days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, OR

(c) within 14 days of the commission of the offence a Notice of Intended Prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was:-


(i) in the case of an offence under Section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him;
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.

‘Within 14 days of the commission of the offence’ - Subsections (1)(b) and (c) above means that the Notice must be posted to reach the defendant by ordinary post within 14 days of the offence.
It was decided in Groome v Driscoll (1969) 113 SJ 905, that a Notice of Intended Prosecution posted the day after the offence which failed to arrive within 14 days was deemed to have been served. Conversely in Nicholson v Tapp [1972] 1 WLR 1044, it was held that a Notice of Intended Prosecution sent by recorded delivery on the fourteenth day after the offence was deemed NOT to have been served.

Service of the Notice of Intended Prosecution
Sections 1(1a), (2), (3) and (4) of the Road Traffic Offenders Act 1988 provide various methods of obtaining valid service of a Notice of Intended Prosecution. They state:-

1(1a) A Notice required by this section to be served on any person may be served on that person by:-
(a) delivering it to him;
(b) addressing it to him and leaving it at his last known address; OR
(c) sending it by registered post, recorded delivery or first class post addressed to him at his last known address.

1(2) A Notice shall be deemed for the purposes of Subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery addressed to him at his last known address; notwithstanding that the Notice was returned as undelivered or was for any other reason not received by him. NB - This does NOT mean the NIP is ineffective if served by first class post-it refers to legal presumptions should the case go to court
1(3) The requirement of Subsection 1 above shall in every case be deemed to have been complied with unless and until the contrary is proved.
The Notices do not have to be signed personally by the Chief Constable. It will suffice if, for example, they are sent out by an Office Manager, so long as it is obvious that it is being sent on the Chief Constable's behalf. In a computerised age the name of the person generating the Notice may be a printed rather than having a hand written signature Arnold V DPP

My bold, can someone expand on this section?
 
#4
I think you can say you've got away with it. If the copper didn't give you a ticket or request you show your licence at the local cop shop within 7 days you'll be in the clear.

If it had been a speed camera you would have received a NIP within 14 days of the offence and although I'm pretty sure the same rule doesn't apply to "stop offences" you would have been given a ticket there and then or requested that you show your licence to the officer.

Hope this helps.
 
#5
Furry_rat said:
I think you can say you've got away with it. If the copper didn't give you a ticket or request you show your licence at the local cop shop within 7 days you'll be in the clear.

If it had been a speed camera you would have received a NIP within 14 days of the offence and although I'm pretty sure the same rule doesn't apply to "stop offences" you would have been given a ticket there and then or requested that you show your licence to the officer.

Hope this helps.
woop woop! cheers fella.
 
#6
Im meeting up with dad later an his bird, hes a copper and his misses is a traffic warden. If i remember ill ask them how to sweep it under the rug.

But what Furry_rat said, if your not given anything including warnings on the spot, you should be scot free
 
#7
Arby,

On the same subject of time limits....a few years ago I was stopped and should have been done for two defective tyres (in the police defence, they WERE bald and illegal) however, after producing documents etc, I never heard anymore for some time. I let it go and for some insane reason, I telephoned said Constabulary to find out what was happening. After another lengthy delay, a Sgt. came back to me and said because the offence occurred over six months ago, and no summons had been issued...that was the end of the matter...forget about it!
Apparently, the Police have six months from the date of the offence to issue a summons and if they don`t...well, that`s it, they`ve had their chance.
This only applies for offences that can be dealt with by summons as opposed to arrestable offence, where there is no time limit.
Take it as a warning, mate but don`t worry.
 
#8
arby said:
One for the plod really, got pulled over for going a wee bit over the speed limit about 3 months ago. Wasn't given a ticket at the time but there was mention of the possibility of a dangerous driving charge. Basically, does the 14 day NIP rule apply or am I fooked?
That was your NIP, they now have 6 months to summons you :cry: :cry: :cry: :cry:
 
#10
arby said:
... there was mention of the possibility of a dangerous driving charge.
This might actually be a good thing. I've been told by someone in the know that dangerous driving is far more difficult to prove than driving without due care and attention, so if the polizei want to get you for something, they're more likely to cite you for the lesser offence as it's less hassle.
 
#11
rockape623 said:
Arby,

On the same subject of time limits....a few years ago I was stopped and should have been done for two defective tyres (in the police defence, they WERE bald and illegal) however, after producing documents etc, I never heard anymore for some time. I let it go and for some insane reason, I telephoned said Constabulary to find out what was happening. After another lengthy delay, a Sgt. came back to me and said because the offence occurred over six months ago, and no summons had been issued...that was the end of the matter...forget about it!
Apparently, the Police have six months from the date of the offence to issue a summons and if they don`t...well, that`s it, they`ve had their chance.
This only applies for offences that can be dealt with by summons as opposed to arrestable offence, where there is no time limit.
Take it as a warning, mate but don`t worry.
I was issued a NIP in December (and reminder), which I duly filed in the bin for various reasons, for speeding.
I recieved a summons last week for failure to provide information, does this 6 month set up apply to that?
Basically I was captured by Gatso for speeding, the speed I was doing meant a fixed penalty was not an option. The point I would/will get for it mean I loose my job so I have delayed as long as possible and I'm now summonsed at the end of August
I have been summonsed just over 7 months after I should have returned the NIP
 
#12
If you weren't NIP'd at the scene and never received a written NIP within 14 days, they will not proceed. However, the police only need to prove they sent the NIP to the keeper's/drivers current address within 14 days, and not that you received it. So, if you supplied a blag name/address, or have failed to notify DVLA of change of details, and they track you down,then they could proceed with the prosecution.

But of course you would never pull the wool over plod's eyes would you......!!!
 
#13
The NIP was served in time. I didn't respond.
The summons to appear for failing to provide information arrived 7 months after the NIP.
What I'm trying to figure out is if they only have 6 months to summons me for failing to respond to the NIP
 
#14
marco_poloroid said:
If you weren't NIP'd at the scene and never received a written NIP within 14 days, they will not proceed. However, the police only need to prove they sent the NIP to the keeper's/drivers current address within 14 days, and not that you received it. So, if you supplied a blag name/address, or have failed to notify DVLA of change of details, and they track you down,then they could proceed with the prosecution.

But of course you would never pull the wool over plod's eyes would you......!!!
MP you cynic you. Are you a Policeman :twisted:
 
#15
Ord_Sgt said:
marco_poloroid said:
If you weren't NIP'd at the scene and never received a written NIP within 14 days, they will not proceed. However, the police only need to prove they sent the NIP to the keeper's/drivers current address within 14 days, and not that you received it. So, if you supplied a blag name/address, or have failed to notify DVLA of change of details, and they track you down,then they could proceed with the prosecution.

But of course you would never pull the wool over plod's eyes would you......!!!
MP you cynic you. Are you a Policeman :twisted:
As if..... :D
 
#16
jagman said:
The NIP was served in time. I didn't respond.
The summons to appear for failing to provide information arrived 7 months after the NIP.
What I'm trying to figure out is if they only have 6 months to summons me for failing to respond to the NIP
Yes. :D
I think... :?
Maybe not though.... :oops:
Not my strong subject, traffic :wink:
 
#17
jagman as i understand it the police have to pass the details on to the court within 6 months and the court only has to summon you in a timely manner.
It would look to me that the police held out for your response for as long as they could 6 months less a day or something and the courts took a month to get the summons to you (is this timely?).

here is a Q and A on it http://findarticles.com/p/articles/mi_qn4161/is_20061210/ai_n16901022

I would say it does'nt look good for you.


I_G
 
#18
ifrits_ghost said:
jagman as i understand it the police have to pass the details on to the court within 6 months and the court only has to summon you in a timely manner.
It would look to me that the police held out for your response for as long as they could 6 months less a day or something and the courts took a month to get the summons to you (is this timely?).

here is a Q and A on it http://findarticles.com/p/articles/mi_qn4161/is_20061210/ai_n16901022

I would say it does'nt look good for you.


I_G
No it doesn't look good
After a bit of research the Police passed the case to the Magistrates a whole 2 days before the 6 months out of time expired. The summons is dated after that 6 month period but that doesn't matter.
The length of time from offence (2nd January) to summons is 6 months and 5 days.
Ah well, I got six months more work than I would have done had I sent the paperwork on time. Sadly I will be unemployed at the end of August :(
 
#19
Don't count on unemployment yet. if your job needs you to be able to drive and you 'help' with charities and can get a letter 'proving' that there is a possibility of getting let of with a big fine. is it a instant ban or will you have accumulated too many points, also is this your first and only offense? there is also a possibility that the ban could be a short period that your employers can accept and let you take as holiday.

instant bans are never instant (hence the wait) and sometimes not bans. they are really instant referals for a court summons

I_G
 
#20
ifrits_ghost said:
Don't count on unemployment yet. if your job needs you to be able to drive and you 'help' with charities and can get a letter 'proving' that there is a possibility of getting let of with a big fine. is it a instant ban or will you have accumulated too many points, also is this your first and only offense? there is also a possibility that the ban could be a short period that your employers can accept and let you take as holiday.

instant bans are never instant (hence the wait) and sometimes not bans. they are really instant referals for a court summons

I_G
I already have 3 points for Failure to Provide Information from a couple of years ago (still valid)
The points for this offence are now 6 (I would have got at least 6 points for the speed I was doing anyway apparently)
Conviction for this one will take me to 9 points, I work as a driver (through an agency but one steady employer) and the maximum points their insurance will allow is 6, hence I've delayed it as long as possible.
In some ways I would be better off with a months ban or similar (I think)
In the hands of the Magistrates I would think. Luck of the draw I guess
 

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