We do not charge for initial consultations and often provide free advice especially in the early stages of a case. It is equally important to be aware that an accident does not require a collision. Choose from Other Medical Negligence Claims, Choose from Medical Negligence Resources and Guides, What to Do When Youre Not Happy With Your Doctors Diagnosis, What to Do After Receiving the Wrong Diagnosis, How To: Write a Letter of Complaint About NHS Treatment, Claiming Compensation for Medical Negligence, Medical Negligence Claims Time Limits: Your Guide. This warning is included in all Notices involving speed cameras, even for very minor contraventions. 1503 & 1507. Speeding For example, it does not apply to offences of using a mobile phone while driving. WebA Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. However a warning for careless driving will not suffice in respect of dangerous driving as the latter is a more serious charge than the former. etc. Cases where the NIP has been served late; Cases where the NIP has not been received at all. Questions | West Yorkshire Police You will be placed on a speed awareness course. From feedback we have received, our clients are not always sure if they have been issued with such a warning. In certain cases, the prosecution has to commence proceedings (usually by the service of a complaint) within a certain time. This does not invalidate the warning. David Beckham & The 14 Day Rule This is where it gets a bit technical. You legal obligation to respond applies irrespective of time limits or whether you were the driver. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. Received a Notice of Intended Prosecution If you fill in and send back the notice of intended prosecution confirming that you were the driver at the time of the driving offence, the police or the Crown Prosecution Service (CPS) will then have the option to inform you that: Please note, if you send back the completed notice stating that someone else was driving your vehicle, they will receive a notice of intended prosecution addressed to them and have a legal obligation to respond., You can request photographic evidence by sending an email to your local police station.To gain access to the information, you must provide the following information:. If there was any doubt as to the importance of a Notice of Intended Prosecution, they were laid to rest by the Lord Justice General Carlowayin paragraph 8 of the case of Scrimgeour-Wedderburn v PF Kirkcaldy [2019] HCJAC 57 when he said: A notice of intended prosecution is not a mere administrative act. The timeframe for service of a Notice of Intended Prosecution on the registered keeper is 14 days. If the police have stopped you at the roadside and charged you with the offence of Speeding in Scotland or Dangerous Driving in Scotland, it is likely you will receive a verbal section 1 warning. Within 14 days of your car being caught speeding youll be sent a notice of intended prosecution and a section 172 notice. What Is Sexual Orientation Discrimination? I was stopped by the police but haven't received my written warning. I received a Notice of Lack of Prosecution and Notice of This must be received within 14 days of the alleged offence. Assaulted at Work by a Resident: Who is to Blame? No. Delivery Driver and Courier Accidents: Whos to Blame? It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. Of course, if you don't receive the NIP you will not have received the s.172 Notice either. In the vast majority of cases, such a prosecution will not happen. (4) Schedule 1 to this Act shows the offences to which this section applies. If it was the other way around, however, you could only be convicted of careless driving. Revenge Porn | Everything You Need To Know, What is Indecent Assault? Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. Learn more here . A written Notice of Intended Prosecution will usually be issued in one of two circumstances. If, however, that first Notice is late, it can have very serious consequences for the prosecution. If you have only received a Notice of Intended Prosecution, you need to wait and see if you are prosecuted. Notice Of Intended Prosecution | A Complete Guide Have You Been Involved in an Accident That Wasnt Your Fault? However, this does not apply to The information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. Firm Reference Number FRN835374. Additonally, if a Notice of Intended Prosecution identifies one kind of offence, it is likely to exclude the possibility of a conviction for a more serious offence. By the same token, the police must abide by their own rules and time limits. WebA Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. What is the Personal Injury Claims Time Limit? The NIP has a procedural purpose. If you are using public inspection listings for legal research, you should verify the contents of the documents against a final, official edition of the Federal Register. They do not, however, require to do both. If you have been received a notice of intended prosecution, we can help.. Therefore failure to serve or timeously serve a Notice of Intended Prosecution may mean that the prosecution cannot obtain a conviction for relevant offences such as dangerous driving, careless driving or speeding (offences which do not require a Notice of Intended Prosecution include drink or drug related driving offences, very serious offences such as causing death by dangerous driving or driving while using a mobile phone). Furthermore, if the evidence is substantial, a criminal defence lawyer can assess if any mitigation circumstances apply to your situation as they understand the nuances of road traffic legislation. On the other hand, if you are warned for dangerous driving, this will suffice. Here they are, along with our answers. It can be in oral or written form and we say more on this below. Required fields are marked *. The term 'loophole' suggests something slightly dodgy or morally wrong which may be an unfair assumption. Usually, but not always, the two things are contained in the same letter. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window), section 1 of the Road Traffic Offenders Act 1988, Schedule 1 of the Road Traffic (Offenders) Act 1988, Section 1 Warning - Careless Driving in Scotland, section 1 of the Road Traffic (Offenders) Act 1988, section 24 of the Road Traffic (Offenders) Act 1988, section 2 of the Road Traffic (Offenders) Act 1988, Section 1 Warning - Dangerous Driving in Scotland.