Such alternative verdicts are permitted in relation to the summary offences of: Alternative verdicts under sections 4(1), 5(1)(a), 7(6), 4(2), 5(1)(b) or 29 RTA 1988 may be returned as appropriate, despite the fact that the six month time limit for those offences are likely to have lapsed. The requirement is to provide those details within 28 days. 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. Help us to improve our website;let us know If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). For reasons, see DPP v O'Connor [1992] RTR 66. In Cantabria Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286 the court took account of the need to ensure effective checking. Fourthly and finally, the application of any statutory exemptions must be considered. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). It is no defence that the defendant did not think he was driving on a public road. 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. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. Sometimes a similar document called a 'postal requisition' arrives instead. The letter is asking me to provide details of the driver of the vehicle. Section 8 warrants authorised under PACE and s.7 warrants authorised under the Forgery and Counterfeiting Act 1981. Failure to provide the information will result in court proceedings for that failure. The police will then be able to check your documents and note the fact that you have produced them. The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . 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. Hence time limits are of particular significance since for various reasons substantial delay may occur before it is decided to institute proceedings. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. Your lease company will receive the ticket. 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. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. 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. 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. In essence the Notice of Intended Prosecution is a document that specifies the nature of the offence and the time and place it is alleged to have been committed. For a detailed explanation of the consequences of prosecution and your options for defending a speeding charge, get in touch which our expert road traffic solicitors today. A warning as to increased costs should also be given, where appropriate. This may be by direct notification to the relevant police process office for transmission to the court or CPS office, and may include a written acknowledgement given to the person making production, which can be produced at court. I've received a Notice of Intended Prosecution Section 172 Notice. Prejudice to a defendant by the delay and the lack of early notification of the impending prosecution can be addressed by abuse of process proceedings and s. 78 of the Police and Criminal Evidence Act. (d) the weight or physical characteristics of the goods that the vehicle carries, what you think by taking our short survey, Reality TV star Stephen Bear has been sentenced to 21 months imprisonment today for voyeurism and two counts of, A Chelsea supporter has been banned from football for three years for a racially aggravated public order offence, The CPS has authorised the @metpoliceuk to charge Constance Marten and Mark Gordon with gross negligence manslau, Coming up in the next edition of our community newsletter: There is no direct binding authority on the definition of a 'false chart', but it is suggested that the following elements should be present: See also the decision of the Court of Appeal in R v Bishirgian, Howeson and Hardy [1936] 1 All ER 586 at page 591 and R v Osman, Mills and Chalker 09/01/93 (unreported, but copy of judgement held at HQ Library). A notice of intended prosecution can be given: Road Traffic Act 1988 (RTA 1988) offences to which s.1 RTOA 1988 applies include: Section 2 RTOA 1988 states that the prosecution does not have to comply with s.1 RTOA 1988 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards. See also Restoration of Summary Offences after Trial on Indictment, below in this section. Neither is a 'special reason' a defence to the charge. 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. In. DPP v Hay [2005] EWHC Admin 1395 - Where a defendant is charged with driving otherwise than in accordance with a licence and driving without insurance, and the Crown have proved that the defendant was driving a vehicle on the road, the non-issue by the police of form HO/RT/1 (requesting production of the documents) is not fatal to the prosecution case. The general time limit for injury litigation is three years, with multiple exceptions and special cases. 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 49 of the Fire and Rescue Services Act 2004. What is the penalty for speeding or running a red-light? 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. For many offenders their prosecution will be their only experience of criminal law enforcement. Offences are either way, punishable by way of fine in the Magistrates' Court or by imprisonment (maximum two years) in the Crown Court. Posting the notice within 14 days will . Usually NIPs are used by fixed cameras or the talivan overbridge guys who have zapped you with a laser speed detector. If the keeper is uncertain who was driving their vehicle they may still guilty of an offence unless they either provide the name of the driver or . Prosecution for a speeding offence can take a number of forms, some of which involve you going to court. These offences are directed at either the driver or the employer. Under s.148 RTA 1988 Insurance companies cannot validly restrict an insurance policy by reference to any of the matters listed in s.148(2). It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. The use of traffic signs is regulated by Part V of the Road Traffic Regulation Act 1984. Acts which breach these sections will often also amount to offences of a more serious nature which carry greater penalties. Production of driving documents at the police station in the first instance must be encouraged. If the prosecution is taken by surprise by the issue, an application to adjourn to call a witness can be made - see R on the application of. The minimum penalty for speeding is a 100 fine and 3 penalty points added to your licence. They are capable of speeds up to 12 mph. A copy should be provided to all parties and to the court. National legislation must, wherever possible, be constructed to conform with community law. 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. 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. It is enough that it is received by a member of his staff impliedly authorised to receive it. This should inform the recipient that not only should the relevant documents, if they exist, be sent or handed to the court as required in the summons, but that before that date, the documents must firstly be produced at a police station for inspection and validation and for the police to note relevant details. Subsection (3) makes it an offence for the keeper to fail to comply. Directions may also be given to remove the vehicle and, if applicable, any trailer to any place specified. 1503 & 1507. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. 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 prohibition may be applied for a specified period, or without limitation of time. Note that this offence requires an intention to deceive by misusing the seal in the manner stated in the section. the nature of the special reason and the evidence (including expert evidence) required to rebut it; what evidence can be properly served under section 9 CJA 1967 and. Under s.96(11)(b) TA 1968 liability also falls upon "any other person (being that driver's employer or a person to whose order the driver was subject) who caused or permitted the contravention". You have been summoned to attend court for either not having one or more documents, as required, for using a motor vehicle on a road (or public place). received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). It does not mean the driver has 24 hours within which to report the collision. The offence under section 5 of the Public Order Act 1986. 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. A Notice of Intended Prosecution must be served on the vehicle's DVLA registered keeper within 14 days after the date of the alleged offence. However, since that offence is summary, if a defendant has been charged with other either way or indictable offences, then charging an offence under s.3 Forgery and Counterfeiting Act 1981(which is either way) is likely to be more appropriate. "Road" is defined at s.142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes. In particular s.6 RTOA 1988 provides a special time limit for offences listed in Column 3, Schedule 1 RTOA 1988, and for aiding and abetting those offences. Much will depend on the nature of the error and any explanation given by the defendant. All these offences are summary, non-endorsable and punishable with a fine at level 4, and subject to a time limit of six months from the date of the offence. 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. These offences are triable either way and punishable with a maximum of two years' imprisonment on indictment. There was no proper notice of the speed limit. 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. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. In such circumstances the prosecution need to decide which is the more appropriate charge. Please note, if the notice is sent to you by post, it should contain the following details: The details of the driving offence (e.g. Contravening a traffic signal. Call us on 0161 834 9494 to discuss your case. 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 you've been caught by a policeman operating a radar . If you do not complete and return the NIP/S172 notice correctly within the 28 day time limit, you face a separate charge of failing to notify driver's details, which is a 6 penalty point offence with a fine of up to 1,000. When notice is given, prosecutors should carefully consider: The courts finding and sentence will be in accordance with sections 34 and 44 RTOA 1988. 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. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 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. In cases where there are no charts available, consideration should be given to prosecuting defendants for this offence where devices have been fitted or wiring/electronics have been tampered with to prevent the tachograph from functioning correctly.