NIPs can also be issued . All staff, including agents, and magistrates who deal with motoring cases should receive training so that they may be aware of the terms of this protocol. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. . The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. Many road traffic offences are purely summary and in most cases proceedings are taken by way of the laying of an information and the issue of a summons. Attempting to or producing any document with intent to deceive may result in severe penalties. it was clear that in requiring the production of records the Community legislature took account of the need to ensure effective checking; while there was no express power to require the coach operator to hand over tachograph records to the Vehicle Inspectorate, the operator was nevertheless required to produce and hand over such records on demand if such a request was made to him; it was within the discretion of the authorised officer whether he chose to inspect the records at the operator's premises or take them away for more thorough and detailed analysis; the authorised officer should also permit the operator to take copies of any record he proposed to remove from the operator's premises. It is a mitigating or extenuating circumstance which is directly connected with the commission of the offence and which can properly be taken into consideration by the sentencing court. Section 170(2) RTA 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. 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). A. Magistrates & Crown Court Trials. 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. 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. 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. The defendant contributed to that failure by his or her own conduct. 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). (b) the condition of the vehicle, by Graham Walker | Jan 29, 2013 | Careless Driving, Dangerous Driving | Scotland, Road Traffic Law Scotland, Speed Cameras Latest Advice, Speeding. This guidance assists our prosecutors when they are making decisions about cases. This is why I believe the Notice of Intended Prosecution is outside of the 14 day limit. 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. Additionally, the user would need a driving licence and motor insurance. An analogy can be drawn from the case of DPP v Hay where it was held that once the prosecution has proved that the defendant drove the motor vehicle on a road, it is then for the defendant to show that he held a driving licence and that there was in force an appropriate policy of insurance, since these are matters that are peculiarly within his knowledge. 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. 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. You should note however, that the production to the police of these documents now will not be a defence to any prosecution for failing to produce the documents within seven days of the date of the original request. There are no time limits on subsequent NIPs but there is an overall time limit of six months for a prosecution to begin. speeding) The time & date of offence. The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. It was held that the court could not go behind the prosecutor's certificate save where the certificate was inaccurate on its face or in cases of fraud. A Notice of Intended Prosecution (NIP) is a warning issued to inform a driver that they may be prosecuted for a motoring offence. 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. Your lease company will receive the ticket. Following such a demand, no motorist who has not produced his or her driving documents at a police station should produce them to a court in answer to a charge or summons without having previously produced them at a police station for inspection. 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.. The offence under section 12 of the Licensing Act 1872. This notice should be sent to the registered keeper within 14 days of when the speeding offence took place. This might, for example be a driving licence or certificate of insurance. Driving Bans Explained. 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. 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 . Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. 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. Legal Process, Loopholes & Time Limits. The following are the matters listed: (a) the age or physical or mental condition of persons driving the vehicle, 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. They must provide the details of the driver at the time of the alleged offence. 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 possibility of danger to other road users (the most important factor). either orally or in writing at the time the offence was committed. Under s.1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. 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: Although a NIP must be received within 14 days of the alleged offence, this statutory time limit does not apply to a section 172 demand. 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. GOV.UK is the place to find 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. Know your possible technical defences to protect your licence. This should be done with the approval of the court and in order to assist in determining the question of disqualification. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. 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. They are normally sent out when there is about 7 days of the original time limit remaining. Each case must be considered on its own facts to determine whether or not s148 applies. Proper recording should take place in any such proceedings and arrangements made for the police to be informed. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. Further a motorist who fails to produce the documents may commit an offence by their non- production. You could face prosecution when you fail to respond and provide all the required information. 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. (c) the number of persons that the vehicle carries, It was clear that in requiring the production of a document or the handing over of records Article 14(2) of Council Regulation 3821/85 and s.99 Transport Act 1968 should be interpreted so that it was within the officer's discretion whether he chose to inspect the charts at the operators' premises or take them away for further analysis. If the court subsequently considers that you should be disqualified from driving, it will let you know when you should attend court. 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. . by sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle. Legal aid Scotland may be able to help in your case, one of our lawyers will . Below is a brief summary of their obligations, time limits, potential loopholes to avoid prosecution and common myths. Where a summons is issued for failure to produce, the defendant may attempt to produce his documents at court. 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. The certificate is, therefore, likely to be signed by the appropriate police officer. If the document is not listed, proceedings under regulation 7 of the Road Vehicles (Registration and Licensing) Regulations 1971 for exhibiting on a vehicle anything which could be mistaken for a licence may be considered. 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. 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. 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. Under s.143(1)(a) RTA 1988 "a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person a policy of insurance ". Such a warning need not be specific but must refer to one or more of the offences to which s.1 RTOA 1988 applies. This should inform the recipient that not only should the relevant documents, if they exist, be sent or handed to the court as required in the summons, but that before that date, the documents must firstly be produced at a police station for inspection and validation and for the police to note relevant details. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). The prosecution should not seek to secure convictions on both. App. The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance. 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'. Fourthly and finally, the application of any statutory exemptions must be considered. 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. If a charge under s.2 RTA 1988 is sent to trial on indictment, the issue is for the trial court, unless the prosecutor decides that there has been a fatal non-compliance with the requirement. Proceedings cease to be specified if a magistrates' court begins to receive evidence in those proceedings other than evidence that is: Proceedings for an offence mentioned in the Schedule are not specified if the defendant is charged under s.37(7)(d) Police and Criminal Evidence Act 1984 (PACE 1984) or the defendant is less than 16 years old at the time when a summons or requisition is issued in respect of the offence - S.3(1A and B) Prosecution of Offences Act 1985. This is a summary offence. The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed. In cases prosecuted on indictment under sections 1, 2, 3A and 22A RTA 1988 it will be usual for related summary offences to be adjourned sine die, or for there to be a lengthy period of remand, in order to await the outcome of the trial at the Crown Court. London, SW1H 9EA. 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. SCHEDULE 1 Offences to which sections 1, 6, 11 and 12 (1) apply. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. A. . If you've been caught by a policeman operating a radar . I've received a Notice of Intended Prosecution Section 172 Notice. The offence under section 1(1) of the Criminal Damage Act 1971, but only if it is the prosecutor's case that (a) the offence was not committed by destroying or damaging property by fire; and (b) the value involved, within the meaning of Schedule 2 to the Magistrates Courts Act 1980, does not exceed 5,000. This offence may often overlap with other statutory offences, namely: When considering the proper charge the prosecutor should consider the appropriate venue for trial. 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. Many road traffic offences are minor in nature. Under s.148 RTA 1988 Insurance companies cannot validly restrict an insurance policy by reference to any of the matters listed in s.148(2). It is not possible for you to have your driving documents checked at court. 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. In interview, the defendant conceded that he could be the rider. 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. A - A S172 Notice is a legal document, and failure to respond is an offence which can result in prosecution through the courts where the penalty is 6 points on your driving licence and a fine. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. In the . The Registered Keeper (RK) of the vehicle will receive a Notice of Intended Prosecution (NIP) within 14 days of the offence.
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