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.



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