Notification of intended prosecution

Understanding the Law

 

In England and Wales, a Notification of Intended Prosecution (NIP) is a formal warning issued by the police to inform a driver that they may be prosecuted for a motoring offence. The NIP is typically sent for offences such as speeding, dangerous driving, or driving through a red light. The Road Traffic Offenders Act 1988 requires that an NIP be issued within 14 days of the alleged offence. The rules about how the 14 days are calculated are complicated

 

What Constitutes a Notification of Intended Prosecution?

 

A Notification of Intended Prosecution must include certain details to be valid:

 

1. The nature of the alleged offence.

2. The date, time, and location where the offence occurred.

3. Information on the driver of the vehicle at the time of the offence.

 

The NIP can be delivered in several ways, including:

 

- Verbally at the time of the offence (e.g., when stopped by the police).

- By post to the registered keeper of the vehicle.

- On a fixed penalty notice.

 

Penalties Following a Notification of Intended Prosecution

 

Receiving an NIP is the first step in the prosecution process for a motoring offence. The penalties for the offence will depend on the specific violation. Common penalties include:

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• Fines (which can be unlimited for certain offences)

• Penalty points on your driving licence

• Driving bans or disqualification

• In severe cases, imprisonment

 

For example, speeding offences can result in a fine of up to £1,000 (or £2,500 if on a motorway) and 3-6 penalty points. Dangerous driving can result in a more severe penalty, including imprisonment.

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Regardless of whether you were driving or not, you could be at risk of penalty points and potential disqualification from driving. If you do not name a driver when you receive a Notification of Intended Prosecution, you could be prosecuted for a Section 172 – Failing to Name A Driver.

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Failing to name the driver after receiving a Notification of Intended Prosecution is an offence, known as a Section 172, for which you can now receive six penalty points or a disqualification, as well as a fine.

 

Defending Against Charges Following an NIP

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If you receive a Notification of Intended Prosecution, it is crucial to seek legal advice immediately. An experienced lawyer can assess the specifics of your case and explore possible defences. These might include questioning the accuracy of the speed measurement, proving you were not the driver at the time, or identifying procedural errors in the issuing of the NIP.

 

Get in touch with Joe Rawlings Now

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If you have received a Notification of Intended Prosecution, don't face it alone. Contact Joe Rawlings today for expert legal assistance. Joe specialises in defending motoring offences and will work tirelessly to protect your rights and achieve the best possible outcome for your case.