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If those enquiries do not establish who the driver was the NIP should be returned with a covering letter listing: At this stage you need not include your enquiries in the written response, but you should document them in case you end up in court. WebThe purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still It is for a speeding offence They do not, however, require to do both. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. WebNotice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence This is because the letter usually also warns the driver that they may be prosecuted for Dangerous Driving in Scotland or Careless Driving in Scotland. I was stopped by the police but haven't received my written warning. The case has been brought against the person named here. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. They mean two things: the police want to prosecute the driver of a vehicle for a driving offence; and the police want you to tell them who was driving. Remember that this offence carries a significant 6 point penalty! Notice This is made clear in. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. (2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. Cars are cloned more often than you might imagine. "Failure to provide", attracts a 6 penalty point endorsement. ), Patterson Law Limited is a law firm authorised and regulated by the. What happens if I knowingly provide false information as to who was driving? In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. If the requirement to provide this information is not complied with, a summons may be issued for failure to furnish information contrary to section 172 Road Traffic Act 1988. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15th day of the month, (Your answer will take you to another page on the site. he or she was in the country at the time of the offence; he or she has returned abroad or has gone abroad for an indefinite period; and. As an example, a speed of 95mph or more in a 70mph zone will generally always result in an SJPN being issued as this is speed too high for either a Speed Awareness Course or offer of a fixed penalty. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. In those circumstances a verbal warning will not suffice. Failure to provide such information constitutes a separate offence. (4) Schedule 1 to this Act shows the offences to which this section applies. The main exception is if there is an accident. What Happens Next After Notice Of Prosecution? - Slater