What Is a Notice of Intended Prosecution?
A Notice of Intended Prosecution (NIP) is a formal letter from the police informing you that you may be prosecuted for an offence. It is typically issued for road traffic offences, such as speeding, dangerous driving, or failing to comply with traffic signs.
The Road Traffic Act 1988 requires the police to issue an intended prosecution notice so that you are aware of the potential legal consequences within a specific time frame. To learn more, visit 1 Motoring Solicitors.
What Is a NIP For?
A NIP is usually issued for the following offences:
- Speeding: Exceeding the speed limit, often detected by a speed camera.
- Careless driving: Driving without due care and attention.
- Dangerous driving: Endangering other road users through reckless behaviour.
- Mobile phone offences: Using a mobile phone while driving without maintaining proper control of the vehicle.
- Running a red light.
- Failure to stop after an accident.
In serious cases, such as causing death by dangerous driving, a NIP is also required to initiate court proceedings.
How Is a NIP Delivered?
A NIP can be delivered in several ways:
- Verbal Warning: Given by a police officer at the scene of the alleged offence.
- By Post: Sent to the registered keeper of the vehicle alleged to have been involved, within 14 days of the offence occurring. Ensure your details on the DVLA database are up to date, as failing to do so may result in you not receiving the notice.
- Fixed Penalty Notice: Accompanied by a NIP, often issued for minor offences like speeding or mobile phone offences.
What’s in a NIP?
The NIP will include the following details:
- Information about the alleged offence, including the date, time, and location.
- The specific road traffic offences being considered.
- Instructions for completing and returning a form to identify the person driving the vehicle alleged to have committed the offence.
If the notice is sent to an old address, it is your responsibility to ensure your information on the DVLA database is accurate to avoid missing important documents.
Responding to a NIP
When you receive a NIP, you must respond within 28 days with the correct driver details. Failing to respond may result in more penalty points on your licence or further legal action, including a single justice procedure notice.
If You Were Driving:
- Complete the form with the requested information.
- If you admit liability, you may receive a fixed penalty or be invited to attend a speed awareness course, if eligible.
If You Were Not Driving:
- Provide accurate details of the new owner or the person driving the vehicle alleged to have committed the offence. Supplying false information is a criminal offence.
Can You Challenge a NIP?
You may challenge a NIP under such circumstances as the following:
- Reasonable Excuse: For instance, if the alleged offence did not occur.
- Late Delivery: The NIP must be issued within 14 days, unless there are exceptions.
- Incorrect Details: Errors in the notice, such as incorrect vehicle registration or location.
To challenge the NIP, you should seek legal advice and be prepared for potential court proceedings.
What Happens After a NIP?
The outcome of a NIP depends on the nature of the offence. Possible outcomes include:
- Fixed Penalty Notice: A fine and penalty points on your licence.
- Speed Awareness Course: For minor speeding offences, this may be offered as an alternative to penalties.
- Court Summons: For serious offences, the case may proceed to a magistrates’ court or be handled under the single justice procedure.
For very serious cases, such as causing death by dangerous driving, penalties may include imprisonment and disqualification from driving.
Key Reminders
- A NIP is a written warning, not an automatic conviction.
- Always respond within the required time frame to avoid further legal complications.
- If unsure how to proceed, consult a solicitor specialising in motoring offences for guidance.
By understanding what is notice of intended prosecution and taking the correct actions, road traffic offenders can manage a Notice of Intended Prosecution effectively, limiting the potential impact on their driving licence and reputation.
