Notice of Intended Prosecution - Road Traffic Lawyers Glasgow

Receiving a Notice of Intended Prosecution or NIP is, in effect, a warning of the possibility of prosecution with respect to 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.

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Receiving a Notice of Intended Prosecution

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 of up to £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.

Time Limits for Receiving a Notice of Intended Prosecution

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 the commission of the offence.

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Criminal Defence FAQs

What happens if I am detained or arrested?

If you are arrested or detained for a crime in Scotland, the police must inform you of your rights, such as the right to legal representation. You will be taken to a police station, where you may be detained for up to 12 hours without charge. After this time, you must either be charged or released, or the period extended. If charged, you may be held in custody for up to 24 hours before being brought before a court. The court will then decide whether to grant bail or remand you in custody until your trial.

If I am released on an undertaking, is that the same as bail?

Yes, in Scotland, being released on an undertaking is similar to being released on bail. Undertakings can be issued to individuals who have been arrested or charged, specifying a date and time to appear in court. A bail undertaking typically involves being charged with a crime and then released with a promise to attend a hearing. Both bail and undertakings come with certain conditions that must be met, such as attending all court dates and not committing any further offences. However, breaching bail or undertaking conditions can lead to prosecution and a prison sentence of up to twelve months.

Can I get legal advice while in police custody?

Yes, if you are in police custody in Scotland, you have the right to free legal advice from a solicitor. This advice is available over the phone or at the police station. You should be informed about this right before being questioned, and the police must wait for the solicitor to arrive before questioning begins. However, if you do not want a solicitor present during questioning, you can waive this right, although it is not recommended. If you are under 18 or a vulnerable adult, you must have a solicitor present during questioning.

What happens if my case goes to court?

If your case goes to court, the Procurator Fiscal will decide which court it will be heard in. The court will review the evidence and then make a decision based on the facts of the case and the relevant law. If you are found guilty, you may face penalties such as fines, community service, or imprisonment. If you are found not guilty, you will be acquitted of the charges, and your case will be closed. It is important to seek legal advice and representation if you are facing criminal charges in Scotland.