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SQ557: What is a notice of intended prosecution?

Answer

The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.

When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP must be served within 14 days of the offence, otherwise the offence cannot proceed at court. If the details of the driver are not known then it is sent to the registered keeper. So long as the registered keeper is sent it within the time limit, the notice is valid. If the registered keeper has changed address/not informed DVLA etc., as long as the NIP was posted to arrive within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver, may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within the 14 days.

NIPs can also be issued verbally to the driver at the time of the offence or alternatively you could receive a court citation through the post for the alleged offence within the 14 days.

Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.

The posted NIP is deemed to be served until the contrary is shown. There is a presumption that it arrived, however it is possible for a potential defendant or other witness to satisfy the court (on the balance of probabilities) that neither he/she (nor the registered keeper where applicable) received the notice.

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Answer

It means that more than likely you have been flashed by a speed camera or gone through a red light or committed another minor traffic offence.

The exact offence will be stated on the citation along with the date of the court appearance. You must attend court on this date, if you cannot attend with good reason you must contact the court as soon as possible. You may be able to plead guilty by post to the alleged offence; the citation will explain your options.

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Answer

Although it was not you that has been stopped by the police, you must go to court. This is to make a statutory declaration (basically a sworn statement) to that effect. The court will then adjourn the matter back to the police to make further enquiries.

It is important that you attend court otherwise a warrant will be issued. If you cannot make it on the day in question then contact the court to advise them.

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Answer

If you have missed a court date then a warrant will be issued for your arrest. It is advisable to contact your solicitor as soon as possible and explain the circumstances for same.

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Answer

The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.

When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP must be served within 14 days of the offence, otherwise the offence cannot proceed at court. If the details of the driver are not known then it is sent to the registered keeper. So long as the registered keeper is sent it within the time limit, the notice is valid. If the registered keeper has changed address/not informed DVLA etc., as long as the NIP was posted to arrive within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver, may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within the 14 days.

NIPs can also be issued verbally to the driver at the time of the offence or alternatively you could receive a court citation through the post for the alleged offence within the 14 days.

Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.

The posted NIP is deemed to be served until the contrary is shown. There is a presumption that it arrived, however it is possible for a potential defendant or other witness to satisfy the court (on the balance of probabilities) that neither he/she (nor the registered keeper where applicable) received the notice.

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Answer

You need to contact the Central Ticket Office (sometimes called Central Process Bureau or similar) of the force concerned and in most circumstances you will be issued with another copy.

If it was a conditional offer and you have failed to pay, you will be given another opportunity to pay the ticket so you will eventually receive more paperwork.

If it was a citation you must re contact the Central Ticket Office as a failure to appear at court could lead to a warrant for your arrest being issued.

Do not delay. There are time limits on these processes and they can get more expensive (or even lead to your arrest) if you do nothing.

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Question

What is a notice of intended prosecution?

Answer

The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.

When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP must be served within 14 days of the offence, otherwise the offence cannot proceed at court. If the details of the driver are not known then it is sent to the registered keeper. So long as the registered keeper is sent it within the time limit, the notice is valid. If the registered keeper has changed address/not informed DVLA etc., as long as the NIP was posted to arrive within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver, may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within the 14 days.

NIPs can also be issued verbally to the driver at the time of the offence or alternatively you could receive a court citation through the post for the alleged offence within the 14 days.

Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.

The posted NIP is deemed to be served until the contrary is shown. There is a presumption that it arrived, however it is possible for a potential defendant or other witness to satisfy the court (on the balance of probabilities) that neither he/she (nor the registered keeper where applicable) received the notice.
 
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