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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. You can find more information about replying to your Notice of Intended Prosecution (NIP) on our website. However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. 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. Your Enquiry Details: (required) A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. No notice is required if a full or provisional fixed penalty notice has been given or fixed (under the Provisions of the Road Traffic Offenders Act 1988) or if there is an accident involving the vehicle in question (of which the driver is aware). 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. If the requirement to provide this information is not complied with, a . Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. 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). Where a driver has obtained a policy of insurance by deception, the policy will be valid so far as liability under s.143 RTA 1988 is concerned until the insurers have taken steps to "avoid" it. Making enquiries does not extend the 28 day time limit as stated on the NIP. Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. The vehicle caught speeding . 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. 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. You'll need to return this within 28 days, to tell the police who was driving . 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. In Cantabria Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286 the court took account of the need to ensure effective checking. Production of driving documents at the police station in the first instance must be encouraged. 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. 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 . 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. 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. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. All who deal with cases where document production is made should be alive to the current sophistication of fraudulently produced material. Failure to specify the date will lead to proceedings being terminated: see David Burwell v DPP [2009] EWHC 1069 (Admin). It is usually not appropriate to challenge the decision as it involves the exercise of discretion as the Administrative (Divisional) Court is unlikely to interfere if all relevant matters were properly considered. The European Community Rules as set out in EEC Regulations 561/2006 and 3821/85; The domestic law contained in Part VI (sections 95 -103) of the Transport Act 1968 (TA 1968). by serving the defendant with a summons within 14 days of the offence; or. The letter is asking me to provide details of the driver of the vehicle. 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. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). In that event the case should not proceed unless the defence agrees to waive the point. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. The offence of driving whilst disqualified, although a summary offence, can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - s.40 (3)(c) Criminal Justice Act 1988. . 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. 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. 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. Subsection (4) provides a defence if the Keeper shows that he did not know who the driver was and could not have found out by using reasonable diligence. 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. A special reason is one which is special to the facts of a particular offence. Mutual recognition of driving disqualifications between the United Kingdom and Republic of Ireland came into force on 28 January 2010. It should state the nature of the offence (for example Speeding) together with the time, date and place . This may involve having the case stood down (or adjourned) while this production is made. They must provide the details of the driver at the time of the alleged offence. The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. 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. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). 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. This guidance assists our prosecutors when they are making decisions about cases. 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. speeding) The time & date of offence. Where there are other charges alleging offences contrary to section 12(1) Theft Act and/or section 103 RTA 1988 (among others) they can be joined in the indictment under s.40(1) Criminal Justice Act 1988 providing they are founded on the same facts or evidence, or form part of a series of the same or similar character, as an indictable offence which is also charged. 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. This is a summary offence. 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. 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. Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. It can include both electrically and steam powered vehicles. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . The Notice must be sent to the registered keeper to arrive within 14 days of the offence. You must respond to a Notice of Intended Prosecution within 28 days of receiving it. A person disqualified under s.36 RTOA 1988 until a driving test is passed commits an offence under s.103 RTA 1988 if he or she drives whilst disqualified otherwise than in accordance with any provisional licence issued. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. Help us to improve our website;let us know
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. 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 . In relation to s172, in general most police forces prosecute the company and not the Directors for failing to identify the driver as this leads to a conviction and fine without any effort. If the prosecution is taken by surprise by the issue, an application to adjourn to call a witness can be made - see R on the application of. It does not mean the driver has 24 hours within which to report the collision. In essence the Notice of Intended Prosecution is a document that specifies the nature of the offence and the time and place it is alleged to have been committed. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. 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). London, SW1H 9EA. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. 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. Ordinarily, the notice should indicate that production should be made to the police station originally nominated by the driver when the request for production was first made. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. In either case, so long as it arrives at the relevant address within the time limit the . In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. This protocol recognises that motorists are required to produce driving documents to police officers following a lawful demand and that the documents may be produced at a nominated police station. The offence under section 5 of the Public Order Act 1986. The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. As a general rule, if you're caught travelling in excess of 45% . The Transport Act 1968 does not apply to any other part of the EC, including Northern Ireland. (2) The general nature of the offence is . Neither is a 'special reason' a defence to the charge. A. . When it applies, proceedings must be brought within six months from the date on which sufficient evidence came to the knowledge of the prosecutor to warrant proceedings but, in any event, they must not be brought more than three years after the commission of the offence.