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 . This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. 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. 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. A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. Such a warning is normally known as a "notice of intended prosecution", or NIP. The law states that unless a notice of intended prosecution is served within the time limit set out that the person concerned will not be convicted - it doesn't state that the process stops . If such an application is made, it should be noted that s.78 gives a discretionary power to the court to exclude evidence. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. The police must serve the notice on either the driver or the registered keeper. Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. Your appeal may mean that the police send a report to the procurator fiscal. If the defence objects and the Court upholds the objection, the prosecution cannot be properly criticised for any resulting delay. In either case, so long as it arrives at the relevant address within the time limit the . Our specialist lawyers have years of experience having dealt with 100s of cases with a high success rate. The offences under section 12(3) and 14(3) of the Drugs Act 2005. Sometimes a similar document called a 'postal requisition' arrives instead. You must do this in writing. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. The Notice of Intended Prosecution is a notification, usually by the police, that a prosecution is being considered against a person. It is also subject to the general requirement that any prosecution must be brought within three years of the offence taking place. Start now. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. Offences are either way, punishable by way of fine in the Magistrates' Court or by imprisonment (maximum two years) in the Crown Court. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit. A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. Disobeying traffic signs. In. The onus is on the prosecution to establish that a particular location is a "road" or a "public place". Age prohibitions on driving are set out in s.101 RTA 1988. Contravening a traffic signal. 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. An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences. Rob Skinner of our Criminal Department considers the importance of time limits in relation to motoring offences. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first. In the . 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. Even when you weren't the driver at the time, you must provide the police with the driver's details. When such a point is raised, the prosecution should take into account the reason for the defendant's belief, the distance driven and the degree of risk, if any, to the public when determining whether it is in the public interest to proceed. 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). 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. 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. A NIP will often be followed by a 'summons' which is a document that literally summon s the keeper of a vehicle or the driver to court. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. It does not mean the driver has 24 hours within which to report the collision. Production of driving documents at the police station in the first instance must be encouraged. However, the Divisional Court held that the purported restriction fell within s.148(2)(e) and was therefore void. There has, however, been extensive case law on the subject and the main point that emerges is what is known as the reasonable man test as per the following cases: Personal transporters, such as the Segway Personal Transporter are powered by electricity and transport a passenger standing on a platform propelled on two or more wheels. All agencies should be alive to these cases in the interests of justice and respond as required, but no actions should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim. . 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. Because of the restrictive provisions of s.40 Criminal Justice Act 1988 it will frequently be the case that when the Crown Court trial for a driving offence has been concluded, there will still be outstanding connected summary offences. The Section 172 notice will ask you to identify the driver of your car during the alleged offence. 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. In this case the appellant appealed by way of case stated against a decision that the prosecutor's certificate issued under the Computer Misuse Act 1990 was conclusive and that he could not argue that the prosecution was out of time. 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. Failure to provide the information will result in court proceedings for that failure. This should be done with the approval of the court and in order to assist in determining the question of disqualification. It should state the nature of the offence (for example Speeding) together with the time, date and place . 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". The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). Recent cases have established that the three methods of identification of a person as described above were not exhaustive but merely examples. 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.. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. driving after making a false declaration as to physical fitness (section 92(10)); failing to notify Secretary of State of onset or deterioration of disability (section 94(3)); driving after refusal of licence under section 92 or 93 (section 94A); failure to surrender licence following revocation (section 99); obtaining driving licence, or driving, whilst disqualified (section 103(1)); using an uninsured motor vehicle (section 143); making a false statement to obtain a driving licence or certificate of insurance (section 174); section 244 RTA 1960 (re offences under section 235 RTA 1960 and section 99(5) Transport Act 1968); section 47(2) VERA 1994 (re offences under sections 29, 34, 35A, 37 or regulations made under the Act); section 73 Public Passenger Vehicles Act 1982 (re offences under sections 65 or 66 of the Act). Alternatively, you could receive a 100 fixed penalty ticket and 3 points or if the matter goes to court you could receive a maximum fine of 1000 (2500 if on a motorway) and 3 to 6 penalty points. We can help. July 19, 2019. Driving a motor vehicle on a road whilst disqualified is a serious matter since it will usually involve the deliberate flouting of a court order. However, the appeal was allowed on the basis that the certificate was invalid as it did not state the date when the prosecutor had sufficient evidence to warrant the proceedings. This is a summary offence. The statute of limitations for injuries to children only starts at the eighteenth birthday. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. The 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 fresh in their memory. (g) the carrying on the vehicle of any particular apparatus, or Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence s.2(1) Magistrates' Courts Act 1980. They are normally sent out when there is about 7 days of the original time limit remaining. A notice of intended prosecution issued by post must identify the time, date, place and nature of the offence. At its most basic level it is a vehicle which can be propelled by mechanical means. This can be communicated verbally to you at the scene of the alleged crime, or it can be posted or served to you. The summons may also allege that you failed to produce one or more of these or other documents as required by law following a request by the police. As a consequence, any user of such a vehicle on a public road is likely at the very least to be committing the offences of using the vehicle without insurance and using the vehicle without an excise licence. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. By post - Speed Enforcement Unit, PO Box 213, Bristol, BS20 1DR; 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. It will often be appropriate to prosecute for both this offence and for careless driving as a result of the same incident of driving. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. It is a matter for police investigation. Posting the notice within 14 days will . This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. In R v Mooney [1997] Crim LR 137) the defendant pleaded guilty but then successfully argued that there was no evidence to prove the previous disqualification; on appeal it was held that the court should have taken into account the admission of previous disqualification implicit in his guilty plea. . 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. If time permits, you will be asked to return to court on the same day for your case to be completed. (d) the weight or physical characteristics of the goods that the vehicle carries, Failing to provide drivers identity carries 6 penalty points on your licence and up to 1000 fine. 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. . In relation to the controversial right to silence argument, the ECHR verdict in (halloran and francis) enable the British Government to continue to force motorists to incriminate themselves using S172 of the Road Traffic Act, which is almost always the only evidence of the drivers identity in speed camera cases The letter is asking me to provide details of the driver of the vehicle. CPS and court staff are not trained in the detection of fraud. It is no defence for that person to say that he or she thought the disqualification had expired. Motoring Offences and the Importance of Time Limits. 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. This protocol recognises that motorists are required to produce driving documents to police officers following a lawful demand and that the documents may be produced at a nominated police station. The Codes of Practice under PACE apply to offences under this legislation as to any other. 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. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. pursuant to section 6 Road Traffic Offenders Act 1988. there was sufficient evidence in my opinion to warrant proceedings against: pursuant to the provisions of section 6 of the said Act. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. Although this is the legal definition, ultimately it is a matter of fact and degree for a court to interpret as to whether or not a vehicle is a motor vehicle at the time of the incident. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). The prosecution do not have to call evidence that s.1 RTOA 1988 has been complied with unless the defendant proves, on a balance of probabilities, that no effective notice was given. . . The expression 'traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984 and the colour, size and type of signs are prescribed by the Traffic Signs Regulations and General Directions 2002. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. An example of this is where BAA has deployed a Segway Personal Transporter at Heathrow airport. 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. If an offence has been recorded . The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. 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. So what exactly is a written NIP? Typically, you can expect to receive a notice of intended prosecution on the spot by the police after an alleged driving offence or via the post. It is not necessary for the information to be personally received by a justice or by the clerk. 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. Plus, a document called a Section 172 notice. Notice of Intended Prosecution lawyers. The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 specifies proceedings for the offences set out in the Schedule (see Annex B) for the purposes of s.3 Prosecution of Offences Act 1985 if those proceedings are commenced by the prosecution so as to give an opportunity of pleading guilty by post under s.12 Magistrates' Courts Act 1980 (MCA 1980). Where did it happen? 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 . London, SW1H 9EA. This was confirmed in the case of Oldham BC v Sajjad [2016] EWHC 3597 (Admin). The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. 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. CPS staff, agents or court staff should not ordinarily inspect or verify driving documents, see paragraph 4 of the Protocol in Annex A. 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. 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. etc. This penalty notice is called a Notice of Intended Prosecution (NIP). The offence under section 91 of the Criminal Justice Act 1967. 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. The offence under section 80 of the Explosives Act 1875. 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. It is important to note, however, that it is only the registered keeper that is required to receive such a warning . Where a person is convicted of an offence involving obligatory disqualification the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. Most contraventions involving company vehicles result in the company being fined however there are instances where directors can also have points endorsed on their licence. The burden of establishing an exemption under the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 rests on the defendant on a balance of probabilities - Gaunt and Another vNelson [1987] RTR 1. A taxi driver who had a licence to ply for hire in Rossendale and whose insurance covered him for the carriage of passengers for hire or reward under a public hire licence was not guilty of having no insurance in spite of plying for hire in Oldham, to which his licence did not extend. The time limit applies to the notice of intended prosecution. 08 October 2018 This means that where an insurance policy purports to impose a restriction based on any of the matters listed above, that restriction is of no effect and the policy should be read as if the words containing the restriction had been struck out. 1503 & 1507. What is the penalty for speeding or running a red-light? 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, . Know your possible technical defences to protect your licence. . The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. 443 DC, it was established that there was no prescribed way that identification had to be proved as this could be proved by any admissible means. 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 . You could be disqualified from driving if you build up 12 or more penalty points within a period of 3 . Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. NIPs can also be issued . 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. It is enough that it is received by a member of his staff impliedly authorised to receive it. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. A useful starting point to determine what rules apply to a particular vehicle on a particular journey is to establish, firstly, whether the Transport Act 1968 applies to the vehicle under s.95(2) TA 1968. 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.
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