Notice of intended prosecution
What is a Notice of Intended Prosecution?
A person cannot be convicted of certain offences unless he has been warned that the question of prosecution is being considered. Such a warning is known as a ‘Notice of Intended Prosecution’ or N.I.P.
Which offences does this apply to?
The provisions apply to a number of motoring offences too numerous to list here. The provisions do not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs.
When must the notice of intended prosecution be given?
(a) either orally or in writing at the time the offence was committed;
(b) by serving a summons within 14 days of the offence; or
(c) by sending a notice within 14 days to the driver or registered keeper of the vehicle.
What happens if I do not receive the notice?
If the police fail to comply with the provisions then there cannot be a conviction for the offence(s) to which it applies.
What should I do if I get a Notice of Intended Prosecution?
Your obligation is to identify the driver of the vehicle. You must do this within 28 days of receiving the notice. Failure to do so is a separate offence.
Can I see a photograph of the vehicle?
You can ask to see it. The police have no obligation to provide it but usually will do so to assist in identifying the driver.
Do I need to seek legal advice yet?
You should seek help as soon as the notice is received as you have only 28 days in which to reply. We can assist you to build a robust defence or prepare the best mitigation available if all reasonable avenues of defence have been exhausted.
Should I just accept the offer of a fixed penalty?
Penalty points stay on your licence for four years and seriously affect your insurance premiums. If you accrue 12 penalty points or more within three years then you are liable to be disqualified from driving for at least six months.
Newly qualified drivers will have their licence revoked by the DVLA if they accrue only 6 penalty points within the first two years of passing a driving test and must re-take their driving test before the licence is returned.
Disqualification
Is there a mandatory disqualification?
Yes, for certain drink driving offences and dangerous driving there is a minimum 12 month disqualification.
Can the minimum period be reduced?
In drink drive cases the court can be persuaded to offer the Drink Drive Rehabilitation Scheme which allows a 25% reduction on payment of a fee and successful completion of the course.
Can I avoid a ban where there is a mandatory disqualification?
Only if there are ‘special reasons’ or you have a defence.
What are the ‘totting up’ provisions?
A driver who accumulates 12 penalty points or more within a period of three years is liable to a disqualification of at least six months.
What if I need my licence for work?
Totting disqualifications can be avoided or reduced for ‘exceptional hardship’ reasons or other circumstances.
Are there any other ways of avoiding disqualification?
In exceptional cases there are ‘special reasons’ not to impose penalty points. You may also have a defence to the charge.
Can I appeal if I am disqualified?
Yes, there is a right of appeal to the local Crown Court and your disqualification could be suspended pending the outcome of the appeal.
How can I be ‘disqualified’ when I only have 6 penalty points?
Newly qualified drivers who incur 6 penalty points or more during a two-year probationary period from the date of passing a driving test will have their licence revoked by the Secretary of State and will have to apply for a provisional licence until they pass a repeat test. The driver will not be ‘disqualified’ by the court and may continue to drive until the licence is revoked. Notice is usually sent by post with seven days’ notice.
Can I appeal against the decision to revoke my licence?
There is no right of appeal per se. Apply for a provisional licence and retake your test as soon as possible.
Speeding
What are the penalties for speeding?
Unless special reasons apply then there is a mandatory endorsement of between 3 and 6 penalty points. The offence also carries a fine.
Could I be banned for speeding?
The court could disqualify you instead of imposing penalty points. There is a discretionary disqualification for speeding which is usually only exercised if you accept speeding far in excess of the limit. It is a common misconception that there is an automatic disqualification for exceeding 100 mph
Can I be sent to prison for speeding?
No. However, in exceptionally bad cases the court could impose a Curfew Order and/or a Community Rehabilitation Order.
Can you get me off?
There are many defences to speeding. The most obvious is to put the prosecution to proof as to the identity of the driver. There are sometimes technical defences evident from the way that the police have brought the proceedings. Occasionally, the defence of duress is available. Alternatively, if the signage is defective in law or the relevant regulations have not been compled with then you will have a defence.
If I have been caught by a speed camera then surely I have no defence?
Apart from other defences available, the prosecution must prove that the camera has been properly calibrated. Mobile laser and radar detection devices are prone to both operator error and bad practice.
How do I know whether I have a reasonable defence?
We have specialist expertise defending road traffic cases. We can assess your case and liase with our panel of independently vetted experts to establish whether you have reasonable prospects of successfully defending the case. We can assist you to build a robust defence or prepare the best mitigation available if all reasonable avenues of defence have been exhausted.
Should I just accept the offer of a fixed penalty?
Penalty points stay on your licence for four years and seriously affect your insurance premiums. If you accrue 12 penalty points or more within three years then you are liable to be disqualified from driving for at least six months.
Newly qualified drivers will have their licence revoked by the DVLA if they accrue only 6 penalty points within the first two years of passing a driving test and must re-take their driving test before the licence is returned.
Important notice
This summary of the law is provided for information purposes only and is not intended as a substitute for seeking
proper advice from a solicitor. The firm accepts no responsibility for action taken or inaction as a result of reading this guide
© Andrew Thompson & Co. Solicitors, 47 Park Square, Leeds, LS1 2NL, UK. Tel: 0113 3835314
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