If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. There was no proper notice of the speed limit. As a consequence, any user of such a vehicle on a public road is likely at the very least to be committing the offences of using the vehicle without insurance and using the vehicle without an excise licence. Notice in writing to that effect must be given to the driver of the vehicle. Such a certificate is deemed under sub-section (4) to have been so signed unless the contrary is proved. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. The offence under section 12 of the Criminal Justice and Police Act 2001. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! You may get 6 penalty points on your licence and a 1000 fine . Help us to improve our website;let us know The Notice of Intended Prosecution (NIP) will ask the registered keeper of the vehicle to name the driver or rider at the time of the alleged offence; they'll be the same person or a family member in most cases, but sometimes it won't be so straightforward, and it'll be an unknown 'friend of a friend'. In either case, so long as it arrives at the relevant address within the time limit the . It is important to remember, however, that the alternative verdict can only be returned where the jury or magistrates have found the defendant 'not guilty' of the substantive charge. On 22nd November 2017 a Notice of Intended Prosecution/Section 172 request was sent to Mr Brown that was dated 22nd November 2017 by Royal . When dealing with offences specifically relating to the use of forged documents contrary to s.173(1) RTA or s.44 VERA, the document concerned must be one of those listed within the relevant section. 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. Should a defendant attempt to produce documents at court for the first time following a previous request for their production at a police station and it can be shown that the defendant was notified that production should initially have been made at the nominated police station, local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds to deal with any outstanding summonses. Not only does the offence appear to cover a situation where the seals have been physically altered or tampered with, but also the use of a correctly manufactured and correctly placed seal where it can be proved that the mere use of the seal is accompanied by an intention to deceive. Proper and more efficient enforcement of the law relating to driving documents, and sanctions for failure to obtain or produce them as required, and the deterrence or detection of fraud, will improve public confidence in the criminal justice system. In relation to the controversial right to silence argument, the ECHR verdict in (halloran and francis) enable the British Government to continue to force motorists to incriminate themselves using S172 of the Road Traffic Act, which is almost always the only evidence of the drivers identity in speed camera cases Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. Fourthly and finally, the application of any statutory exemptions must be considered. 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. They are normally sent out when there is about 7 days of the original time limit remaining. In particular s.6 RTOA 1988 provides a special time limit for offences listed in Column 3, Schedule 1 RTOA 1988, and for aiding and abetting those offences. The definition of "served . However, if a Prosecutor is asked to sign a certificate, or to advise the police upon its format, the following example may be adopted. This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. 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. If you're caught speeding by a speed camera, you'll be sent a Notice of Intended Prosecution (NIP) and a Section 172 notice within 14 days of the alleged offence. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Using a mobile phone whilst driving. 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. 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. See also Restoration of Summary Offences after Trial on Indictment, below in this section. In either case, so long as it arrives at the relevant address within the time limit the notice is valid. Time which he necessarily spends travelling (from a point to take over a vehicle subject to that Regulation) which is not the driver's home or the employer's operational centre; and. For speeds significantly more excessive than the limit, penalty points and a fine will be issued. 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. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. 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 . We are only a phone call away. For further commentary see (Wilkinson's 6.01). 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. 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. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). You'll need to return this within 28 days, to tell the police who was driving . 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. The expression 'traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984 and the colour, size and type of signs are prescribed by the Traffic Signs Regulations and General Directions 2002. Where the police do not speak to you personally at the time, they can put this warning on paper and send it to you within 14 days. This might, for example be a driving licence or certificate of insurance. See also Shire Traction Co Ltd v Vehicle Inspectorate [2001] RTR 518. 1968, so that proceedings relating to the unauthorised taking of a mechanically propelled vehicle may be commenced at any time within six months from the date on which sufficient evidence to bring a prosecution came to the knowledge of the prosecutor. CPS and court staff are not trained in the detection of fraud. 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. The Notice of Intended Prosecution must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. The Codes of Practice under PACE apply to offences under this legislation as to any other. Whether such a warning was given "at the time" is a question of degree and the High Court will not interfere in a Magistrates' Court finding on the point if there is evidence to support that finding. You can find more information about replying to your Notice of Intended Prosecution (NIP) on our website. The general time limit for injury litigation is three years, with multiple exceptions and special cases. If you receive a summons or postal requisition or Notice of Intended Prosecution in relation to a motoring offence, it is important to know whether the Police have complied with . 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. . what you think by taking our short survey, Reality TV star Stephen Bear has been sentenced to 21 months imprisonment today for voyeurism and two counts of, A Chelsea supporter has been banned from football for three years for a racially aggravated public order offence, The CPS has authorised the @metpoliceuk to charge Constance Marten and Mark Gordon with gross negligence manslau, Coming up in the next edition of our community newsletter: Liverlad67 Forumite. 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. by serving the defendant with a summons within 14 days of the offence; or. However, since that offence is summary, if a defendant has been charged with other either way or indictable offences, then charging an offence under s.3 Forgery and Counterfeiting Act 1981(which is either way) is likely to be more appropriate. There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. 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. The Notice of Intended Prosecution, although issued in terms of Section 1 of the Road Traffic Offenders Act 1988, is often accompanied by a request to confirm the identity of the driver at the time it is alleged a road traffic offence has been committed. 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. For more information see Mutual Recognition of Driving Disqualification, elsewhere in the Legal Guidance. As far as alerting persons to any alleged offence, notice can be given by different means. Usually this warning will be a document headed " Notice of Intended Prosecution ", called a NIP for short. On appeal, the court did not accept that a prosecution could not proceed because of a lack of warning of prosecution where police become aware of the offence after 14 days had passed. The defence should also give notice that they will be seeking to advance special reasons. There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases: Personal transporters, such as the Segway Personal Transporter are powered by electricity and transport a passenger standing on a platform propelled on two or more wheels. 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. . As a result, if an insurance policy contains a restriction (for example) that the driver must be aged over 21, that restriction may be void and a person aged under 21 who would otherwise have been covered to drive the vehicle may not be guilty of driving without insurance. 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. etc. The onus is on the prosecution to establish that a particular location is a "road" or a "public place". government's services and 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. Courts should be aware of the opportunity to proceed in the defendant's absence thereafter if either a satisfactory production is made, or the defendant does not cooperate and fails to return. 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. 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. 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. 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. 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. 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. Bail should be considered for the period of any adjournment and the defendant encouraged to produce the relevant documents in the meantime. The driver will then receive a notice of intended prosecution in his/her own name. If you don't send the police the driver's details within the time they state then . Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. It is no defence that the defendant did not think he was driving on a public road. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. Section 2(3) RTOA 1988 provides that a failure to meet the requirements shall not prevent conviction where the court is satisfied that: R v R [2012] EWCA Crim 2887 was an appeal against a terminating ruling that the requirements of s.1(1) RTOA 1988 were a bar to conviction on a count alleging that the respondent drove a motorbike dangerously. Any person who drives a vehicle subject to such a prohibition, or who causes or permits it to be driven, or who fails to comply with a direction to remove the vehicle to a specified place, commits a summary offence punishable by a level 5 fine. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. 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. If you've been caught by a policeman operating a radar . Call us on 0161 834 9494 to discuss your case. As a general rule, if you're caught travelling in excess of 45% . If the vehicle is a company car, the police will send the first notice to . 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. The time limit applies to the notice of intended prosecution. A. . There is a time limit for service of an Notice of Intended Prosecution and failing to abide by it can be fatal to the Crown case. . . Notice of intended prosecution. You must do this in writing. Where special reasons are put forward in cases of drink and driving, the court must consider the following factors, see Chatters v Burke [1986] 3 All ER 168: In DPP v Bristow [1998] RTR 100 the Divisional Court stated that the key question justices should ask themselves when assessing if such special reasons existed on which they might decide not to disqualify was this: what would a sober, reasonable and responsible friend of the defendant, present at the time, but himself a non-driver and thus unable to help, have advised in the circumstances, to drive or not to drive? Service of a notice at the last known address of the accused will suffice for good service. whether or not it was the driver's intention to drive any further; the road and traffic conditions at the relevant time; and. The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. 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. GOV.UK is the place to find Driving a motor vehicle on a road whilst disqualified is a serious matter since it will usually involve the deliberate flouting of a court order. It is regularly updated to reflect changes in law and practice. 102 Petty France, Further guidance can be found in Wilkinsons Road Offences (29th Edition Chapter 10). Every effort should be explored to avoid unnecessary adjournments, though this may be unavoidable where there is no convenient nearby police station or the circumstances are such that an adjournment is unavoidable. This is an onerous test to pass as it is generally fairly easy for a company to have a system in place which identifies the driver of a company vehicle at any given time, for example a log book kept in the vehicle which allows any drivers to enter the details of his or her journey. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. The National Protocol for Production and Inspection of Driving Documents 2002, see Annex A below, provides guidance on production of such documents. I've received a Notice of Intended Prosecution Section 172 Notice. NIPs can also be issued . It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. The offence under section 5 of the Public Order Act 1986. Mere passive acquiescence is not enough - see Redhead Freight Ltd v Shulman [1989] RTR 1. The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. This is a summary offence. Summons Time Limit The notice of intended prosecution has to be sent to the registered keeper within 14 days, however if you were pulled over by the police for speeding they will have given your notice of intended prosecution at the roadside. The police will then be able to check your documents and note the fact that you have produced them. The offence under section 80 of the Explosives Act 1875. Because self-balancing Personal Transporters do not meet the relevant requirements for use on UK roads, and because there is no separate legislation here for public road use by non-EC type-approved vehicles, they cannot be registered and licensed for use on a public road. The aim of this protocol is that motorists should be aware of and conform with an agreed national standard for the production of driving documents following a lawful request by a police officer. The vehicle caught speeding . When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. However, courts should be reluctant to disqualify offenders in their absence because of this potential problem. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . Whilst the Community Rules (EC Regulations) apply throughout the EC, the legislation which makes it an offence to breach those regulations differs from country to country. Driving whilst under age does not constitute an offence of driving whilst disqualified (by reason of age) under s.103 RTA 1988 by virtue of section 103(4) RTA 1988. Even when you weren't the driver at the time, you must provide the police with the driver's details. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. 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. . Proper recording should take place in any such proceedings and arrangements made for the police to be informed. Such a challenge should usually be considered only if the law was wrongly applied or the decision can be shown to be Wednesbury unreasonable. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). You may have heard that if you get a speeding ticket through the post more than 14 . There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. evidence of a person who was present in court when the defendant was convicted on an earlier occasion and able to identify him as present in court. Once police have received written confirmation from the driver, it is the drivers' choice to either accept: If you have received a Notice of Intended Prosecution (NIP) then the police have evidence that you (or the person driving the vehicle at the time) were travelling in excess of the speed limit. It's often the case that this offence exceeds the penalty for the substantive offence such as speeding that can carry three points or more. The time limit for a written warning is 14 days from the date of the offence. The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. 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. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. McCombe LJ said, delivering the judgment of the court: if the restriction is rendered ineffective by the operation of s.148 then the policy is to be read, as it seems to me, as if that restriction was treated as deleted in blue pencil from its wording.. 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. You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . The Crown Prosecution Service It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. The police must serve the notice on either the driver or the registered keeper. Where there is a conviction for careless driving the lesser offence of failing to conform should be preserved at least until the chance of a reversal of the careless driving conviction has passed. (e) the time at which or the areas within which the vehicle is used, As far as management responsibility is concerned subsection (5) of the act says that where a director or senior manager of the company caused or connived with the failure to identify the driver, that person is also guilty. 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). They are capable of speeds up to 12 mph. 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. The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads". The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). 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. Driving Bans Explained. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 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. Further a motorist who fails to produce the documents may commit an offence by their non- production. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. I was . Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. If this happens you'll have the chance to challenge the case against you. In R v Derwentside Justices ex parte Heaviside [1996] RTR 384 the Court specified three ways in which a defendant could be proved to have been disqualified: Other circumstances in which the court has been satisfied that a previous disqualification has been established are as follows. Similar offences can be found in the following Acts: The purpose of the legislation is to regulate the hours of work by the drivers of goods and passenger vehicles in order to protect the public against the risks which arise when such people suffer from fatigue. 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. The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days.