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Notice of Intended Prosecution Solicitors Glasgow

Receiving a Notice of Intended Prosecution or NIP is in effect a warning of the possibility of prosecution with respect an alleged offence. An NIP is most commonly served for speeding, however, there are a variety of other offences which will result in the receipt of an NIP including dangerous or careless driving.

There is an NIP time limit that applies of 14 days from the commission of the offence. However, how this is calculated will depend on how the notice is given. It can be: Given verbally at the time of the offence (i.e. you are stopped by the police and they inform you they are considering prosecuting), or By a formal notice of intended prosecution within 14 days of the offence at the last known address, served on the offender or the registered keeper of the vehicle, or By a summons being served on the offender within 14 days of commission of the offence.

Failure to give proper notice of intended prosecution is a defence unless an exception applies, the exceptions being that a full or provisional fixed penalty notice has been given or fixed or if you were knowingly involved in an accident at the time. You should always keep the envelope the NIP came in as proof of when it was posted. If the notice of intended prosecution is received late it may still be valid and you should seek advice on this. On receiving the NID you are required to identify the driver of the vehicle. You must do this within 28 days and if you fail to do so, this constitutes a further offence for which your licence can be endorsed with up to 6 penalty points and a fine up of £1,000 imposed. However, there may be a degree of dubiety attached as to who was driving the vehicle at the time the alleged offence was detected. Section 172 of the Road Traffic Act provides for a specific defence in these circumstances and legal advice should be sought in this regard.

There have also been human rights questions raised regarding the requirement to identify the driver of the vehicle which in effect amounts to self incrimination. However, this question has been firmly answered in the prosecution’s favour as a result of the Privy Council case of Margaret Brown. As such there is no entitlement to withhold information. Legal advice should be sought to ensure you stay within the parameters of the law.

Contact our Road Traffic Lawyers Glasgow

It’s never too soon to get in touch. Call us today on 0141 530 1381 or use our online enquiry form. Our solicitors will deal with your enquiry in the strictest of confidence.