Dangerous driving. A Notice of Intended Prosecution is simply notice from the Police that an offence has been recorded and that they intend to prosecute the person responsible. 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. 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, . The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Where a driver has obtained a policy of insurance by deception, the policy will be valid so far as liability under s.143 RTA 1988 is concerned until the insurers have taken steps to "avoid" it. If it is issued to you after the incident, it must be done within 14 days. 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). The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Section 96(11) TA 1968 creates offences for breach of the domestic drivers' hours code, while s.96(11)(A) TA 1968 creates offences for breaches of the European Community Regulations. The offence under section 11 of the Fireworks Act 2003. . 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.. This isn't straightforward and needs to be heavily evidenced. A. The time limit for a written warning is 14 days from the date of the offence. In Vehicle Inspectorate v Blakes Chilled Distribution Ltd [2002] 166 JP Jo.118, the Administrative Court held that the intent necessary to prove vicarious liability was established where it could be proved that an employer had failed to take reasonable steps to prevent contraventions by drivers, provided that such failure was not due to honest mistake or accident. Sometimes a similar document called a 'postal requisition' arrives instead. Plus, a document called a Section 172 notice. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. You may have heard that if you get a speeding ticket through the post more than 14 . R. 16; and Olakunori v DPP [1998] C.O.D. Section 99 TA 1968 empowers police and Department for Transport officials to require the production of records and documents, whether or not offences are revealed on the face of them. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. Motorists are required to produce their documents to a police officer on demand or at a nominated police station within 7 days. Very exceptionally, a prosecutor may feel it appropriate to verify documents, but: Sections 173 and 174 RTA 1988 and sections 44 and 45 Vehicle Excise and Registration Act 1994 (VERA 1994) create a number of offences concerning forgery, fraudulent actions and false statements in connection with various road traffic documents. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. Prosecutors who are dealing with a prosecution for no insurance where the case is based on the driver not meeting some condition of the insurance must be vigilant to check that the exclusion relied upon to make out the offence is not one of those avoided by s.148(2). In the great majority of cases the offence will fall within the second of these provisions. The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. 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. Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. Should a defendant attempt to produce documents at court for the first time following a previous request for their production at a police station and it can be shown that the defendant was notified that production should initially have been made at the nominated police station, local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds to deal with any outstanding summonses. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley v Dickinson [1983] RTR 356. If you have received a Notice of Intended Prosecution and would like further information, please get in touch by sending me a message, contacting me on 07843 018747 or 0115 784 0382, or by email . A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment. Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. 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. If you don't send the police the driver's details within the time they state then . It was held that a tachograph chart that had been falsified came within section 9(1)(g) of the Act when a record was being made during a period when there wrongly purported to be a second driver who was driving, when in fact there was only one driver at the wheel. The certificate is, therefore, likely to be signed by the appropriate police officer. These are referred to as disqualification of persons under age. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. In either case, so long as it arrives at the relevant address within the time limit the . Where agreeable, and in the absence of any grounds for suspicion, it may be possible to agree (such agreement to include that of the defendant) the use of a facsimile copy or the documents to be sent to an agreed police station for verification and recording to take place while the case is stood down temporarily. A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he obtains a licence, or drives a motor vehicle on a road s.103 RTA 1988. 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. 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. 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. the possibility of danger to other road users (the most important factor). The letter is asking me to provide details of the driver of the vehicle. A warning as to increased costs should also be given, where appropriate. The words 'uses', 'causes' and 'permits' are deemed to have the same meaning for the purposes of the TA as they have for the purposes of the Road Traffic Acts. No notice of intended prosecution was served on the respondent within 14 days of the offence that had been committed over a year before police recovered the DVD footage. If time permits, you will be asked to return to court on the same day for your case to be completed. You could face prosecution when you fail to respond and provide all the required information. 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 ". . Even if you believe the S172 Notice does not relate to yourself, you MUST reply, this fulfils your legal obligation and allows the Police to further . Such a warning is normally known as a "notice of intended prosecution", or NIP. The production of driving documents at police stations will be enhanced if all agencies co-operate and fairly and firmly abide by the terms and spirit of this protocol. Neither is a 'special reason' a defence to the charge. . Periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No: 3821/85 before taking over a vehicle subject to that Regulation. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. Case Study: Speeding . Under section 6(3) a certificate signed by or on behalf of the prosecutor, stating the date on which the necessary evidence came to his knowledge is conclusive evidence of that fact. Uninsured drivers pose a substantial risk to other road users. 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. It does not mean the driver has 24 hours within which to report the collision. If you're caught speeding by a speed camera, you'll be sent a Notice of Intended Prosecution (NIP) and a Section 172 notice within 14 days of the alleged offence. 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. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. Contravening a traffic signal. There is a duty on a person who chooses to drive to ensure that he or she is entitled to do so. The defendant contributed to that failure by his or her own conduct. It is enough that it is received by a member of his staff impliedly authorised to receive it. Generally the offence of driving while disqualified should not be withdrawn just because the defendant is pleading guilty to other offences. Subsection (3) makes it an offence for the keeper to fail to comply. A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under s.87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. 08 October 2018 For further commentary see (Wilkinson's 6.01). . 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. A NIP can also be issued to limited companies and the requirement of disclosure is is also obligatory. from 2-196 to 2-221 for a full commentary. We frequently get asked about going to court for speeding offence, this depends on each individual case. The law relating to tachographs falls into two categories: The rules governing the mechanical operation of tachographs are set out in EEC Regulation 3821/85 and that covering the hours permitted are set out in Regulation (EC) 561/2006. It is no defence that the driver failed to see the sign. Ordinarily, the notice should indicate that production should be made to the police station originally nominated by the driver when the request for production was first made. The issue of the defendant's conduct and any increased costs involved should be carefully considered and noted, and a departure made from the locally agreed standard costs application, where there has been an increase in prosecution costs. The offence under section 49 of the Fire and Rescue Services Act 2004. A mechanical defect of which the driver was unaware, may amount to a defence (see R v Spurge [1961] 2 All ER 688), as will the loss of control over the vehicle due to circumstances beyond the control of the driver (see Burns v Bidder [1966] 3 All ER 29). In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. It requires the keeper to provide the police with the name of the person who was driving the vehicle at the time of the alleged motoring offence. Proof of disqualification is essential. Fourthly and finally, the application of any statutory exemptions must be considered. Although the offence was not one of strict liability, "permitting" in section 96(11A) was to be given a wide meaning of failing to take reasonable steps to prevent contraventions, to be governed by the objective standards of a responsible employer. As far as alerting persons to any alleged offence, notice can be given by different means. This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. 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. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. If you've been caught by a policeman operating a radar . When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. They cannot be licensed for use on a road and they do not come within the categories of vehicle covered by a driving licence. Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. 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. This might, for example be a driving licence or certificate of insurance. We are regularly presented with the scenario when there is a degree of dubiety attached to . We are only a phone call away. The offence under section 12 of the Criminal Justice and Police Act 2001. Section 161A Highways Act 1980 (lighting fires so as to injure, interrupt or endanger users of a highway); Section 131(2) Highways Act 1980 (obliterating or pulling down a traffic sign). 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. The exceptions include: Section 24 RTOA 1988 (as amended by the Road Safety Act 2006) allows a court which has returned a verdict of 'not guilty' to certain either way and summary offences, to convict for a specified alternative offence, provided that the content of the information or indictment amounts to an allegation of such an offence. 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. Where did it happen? It may then be possible for your case to be dealt with in your absence, but only if you have been offered this opportunity in the other documents that are with the summons and you return the necessary documents to the court in time with the required details. Such a warning is normally known as a "notice of intended prosecution", or NIP. 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. 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. 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. Arrangements will then be made for the court to be informed about this. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). The fact that there may be a doubt as to how material was obtained does not automatically prevent admission of the evidence. 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. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). Attempting to or producing any document with intent to deceive may result in severe penalties. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. Any person who aids and abets, counsels or procures the making of such a false record can be charged under s.8 Accessories and Abettors Act 1861. 1 (1) Where section 1, 6, 11 or 12 (1) of this Act is shown in column 3 of this Schedule against a provision of the M1 Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision. See also the decision in R v J F Alford Transport Ltd [1997] Crim LR 745 in which the Court of Appeal held that a secondary offender had to intend to do the acts which he knew to be capable of assisting or encouraging the commission of the crime, but that it was not necessary that he should have intended the crime to be committed. Learn more here . 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. If this happens you'll have the chance to challenge the case against you. Much will depend on the nature of the error and any explanation given by the defendant. It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. The notice should also state that production for verification cannot be made at court and that any attempt to do so will result in expense and delay for that person as the court will still require their prior production at the nominated (or locally agreed) police station. A. It showed that the bike had been ridden at very high speed in traffic and the rider had done wheelies. A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. 9/ If the S172 notice is valid (ie not sent after the time limit) or perhaps in any case, you should tell the police that you have no idea, after this length of time, who was driving. In the . received in proceedings held in the absence of the accused - s.11(1) MCA 1980 proof in absence; read out before the court under s.12(7) MCA 1980 (non-appearance of accused: plea of guilty); or. note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert's statement is incorrect, inconclusive or misleading. It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. But where a disqualified person has had his driving licence returned in error by the DVLA, the prosecution should take that fact into account in deciding whether or not to proceed. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. In the Gidden case the High Court had to decide whether a notice of intended prosecution should be regarded as having been properly served where the notice was sent by first class ordinary post on a date that would normally lead to it being delivered within the 14-day time limit but where the court was satisfied that it was in fact delivered . If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. They are capable of speeds up to 12 mph. (b) the condition of the vehicle, David Barton. Failing to provide drivers identity carries 6 penalty points on your licence and up to 1000 fine. A NIP is intended to warn you that you are going to be prosecuted for a driving offence. Proceedings for an offence mentioned in the Schedule also cease to be specified if a magistrates court indicates that it is considering imposing a custodial sentence for the offence. However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. Notice in writing to that effect must be given to the driver of the vehicle. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. The police will then be able to check your documents and note the fact that you have produced them. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. Notice of Intended Prosecution. 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. 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". Other cases on drivers' hours include Vehicle Inspectorate v Southern Coaches and Others [2000] RTR 165. 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.
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