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. 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. . "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. Federal Register :: Expansion of Induction of Buprenorphine via The offence under section 12 of the Licensing Act 1872. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. Certain exceptions do apply however where it can be shown that the keeper did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was (S172.4). . How to Properly Deal with a Notice of Intended Prosecution If the requirement to provide this information is not complied with, a . In the . This is a summary offence; Section 115(1) Road Traffic Regulation Act 1984 - the misuse of parking documents by, for example, lending a ticket issued by a parking meter to another person. Basically a Notice of Intended Prosecution has to be given to you verbally at the time of the alleged offence, or in writing within 14 days, but see below. If your defence is that you did not receive it within this timescale, the onus is on you to prove it on the balance of probabilities. Zholia Alemi forged N, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies, Code for Crown Prosecutors - Public Interest Considerations, Restoration of Summary Offences after Trial on Indictment, Self-balancing Personal Transporters - Segway etc, Driving/Obtaining a Driving Licence Whilst Disqualified, Charging Practice - Forgery and False Information, etc, Offences in Contravention of the Regulations - s.96, Falsification of Driver's Hours and Records - s.99(5), Power to Prohibit the Driving of UK Vehicles - Section 99A, Tachograph Cases and Public Interest Criteria, Annex A: National Protocol for the Production and Inspection of Driving Documents, Annex B: Specified Proceedings (Offences), Road Traffic - Drug and Drink Driving Offences, The prosecution of traffic offences is vital to the enforcement and promotion of road safety and the protection of the public, and. 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. In DPP v Mansfield [1997] RTR 96 the constable who had arrested the defendant for the current offence, and who was present at court, had also arrested him for a previous offence for which the defendant had been disqualified in the constable's absence. Secondly, the classification of the journey undertaken must be determined in order to ascertain whether Regulation (EC) 561/2006 will apply. The police must send the notice so that it can be expected to arrive within 14 days of the alleged 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. Self-balancing scooters are not classed as "invalid carriages" and so cannot be used on pavements. 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. The involvement of CPS and court staff as witnesses involving driving documents should obviously be avoided wherever possible. Motorists will be encouraged to obtain proper documentation before driving a motor vehicle on the road, thereby increasing the safety of other road users. The same considerations will thus apply. Laying an information within the six months' time limit before deciding whether or not to prosecute may result in the proceedings being stayed as an abuse of process; see. The driver of the vehicle has failed to comply with a requirement made under s.99(1) TA 1968; or, The driver has obstructed an officer exercising his powers under s.99(2) TA 1968 or s.99(3) TA1968; or, It appears to an officer that in relation to the vehicle or its driver there has been (or will be, if the vehicle is driven on a road) a contravention of s.96 TA1968 to s.98 TA 1968 or of the applicable Community rules; or. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. 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 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. Speeding in Scotland | The Road Traffic Lawyer This may be by direct notification to the relevant police process office for transmission to the court or CPS office, and may include a written acknowledgement given to the person making production, which can be produced at court. It is not possible for you to have your driving documents checked at court. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. Road Traffic - Summary Offences | The Crown Prosecution Service 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. You could face prosecution when you fail to respond and provide all the required information. Motoring Offences and the Importance of Time Limits. 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. 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. Please note, if the notice is sent to you by post, it should contain the following details: The details of the driving offence (e.g. In Vehicle Inspectorate v Nuttall [1999] Crim LR 674, the House of Lords held that the Community rules placed a responsibility on employers to use tachograph records to prevent contraventions and to promote road safety. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. 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. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. Notice of Intended Prosecution - Driving Test Tips It is an offence, under s.99(5) TA 1968, for a person to knowingly falsify a tachograph entry made under s.97 TA1968 or entries kept for the purpose of regulations under s.98 TA1968 or under applicable Community rules. Avon and Somerset Police London, SW1H 9EA. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). Limitation periods in the United Kingdom - Wikipedia 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. If you were exceeding the speed limit by a great deal, you could receive a ban. 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. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). 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. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. Section 103 RTA 1988 - see (Wilkinson's 11-71 to 11-79). 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 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. 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. Typically, you can expect to receive a notice of intended prosecution on the spot by the police after an alleged driving offence or via the post. Notice of intention to prosecute MoneySavingExpert Forum Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. Failing to respond within the statutory time limit of 28 days can result in further prosecution, six penalty points and a fine of up to 1000, . 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. 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. You can check whether . Current timestamp: 02/03/2023 01:38:55 . Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. Contravening a traffic signal. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. Case Study: Speeding . 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. If necessary, the case should be adjourned for validation to be carried out by the police. You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . 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". Police officers had recovered a DVD that had footage of a motorbike ride.