Notice of Intended Prosecution

When the police have reason to believe that they have witnessed a person committing a road traffic offence, they will present the offender with a Notice of Intended Prosecution (NIP). The NIP can be sent in writing within 14 days of the incident or produced verbally at the scene of the alleged crime.

The following article explains Notice of Intended Prosecutions in more detail, highlighting the type of offences or occasions that may result in a notice being issued, how they will be issues and what a driver can do if they have exceptions or there are errors on the notice.

Types of Offences that May Result in a Notice of Intended Prosecution

A driver cannot be charged with certain driving offences until they have been informed via a notice of intended prosecution. These offences include:

• Careless driving
• Dangerous driving
• Driving in excess of the speed limit
• Inconsiderate driving
• Failing to observe and abide by a traffic sign
• Leaving a vehicle unattended in an unsafe place

The Issuing of the Notice of Intended Prosecution

A NIP can be communicated verbally to an offender at the scene of an alleged crime, or it can be sent through the post or formally served. If the NIP is not issued at the scene of the incident, it must be issued within 14 days. If it is not received within this 14 day period, any subsequent prosecution may not be valid.

A separate Notice of Intended Prosecution must be issued for each offence in the event of multiple charges being brought against a person.

Exceptions to the 14 Day Timescale

There are some instances where the 14-day rule does not need to be observed. This exception allows for occasions when the police need additional time to obtain information needed to send the NIP. If the police can demonstrate that there was a justified reason for not sending a NIP within 14 days, the offender can still be prosecuted.

A NIP will also not be sent to a person who was involved in an accident as the involvement serves as notification that the offence was committed. If there is no knowledge of the accident, for example, a collision when reversing a car in a carpark, the NIP would be required.

Responding to the Receipt of the Notice of Intended Prosecution

Upon receipt of the NIP, there will be the requirement to respond to confirm who was driving the vehicle at the time of the offence. This must be signed and returned within 28 days of the receipt.

Recipients are advised to respond to the NIP, even if they believe that they were not driving or were not the owner of the vehicle at the time. Even if the vehicle owner was aware of who the driver was, they must complete the return themselves, rather than request that the driver fills it in.

The police are not required to prove that the offence was committed in order to send out the NIP and it has been successfully proven that responding to the NIP does not serve as self-incrimination. If the vehicle owner fails to return the NIP, it is more likely to be interpreted as a failure to provide driver information which is an offence in itself, that can result in a penalty of 6 points on the driving licence and a fine up to £1,000. This penalty can be greater than the penalty given for the offence that the NIP originally relates to.

For verbal Notice of Intended Prosecution, the police have the burden of proof. This means that the police and Crown Prosecution Service (CPS) must prove that the NIP was given. If the police officer is unable to prove that the NIP was given at the scene, the defendant cannot be prosecuted.

Errors on the Notice of Intended Prosecution

If a NIP contains minor errors such as grammatical errors or spelling mistakes, it can be amended and resent or should be corrected in court papers if the case progresses to this stage. This is referred to as the Slip Rule.

The Slip Rule cannot be used if the errors on the NIP are more serious and so could not be used if the wrong offence was recorded on the NIP for example.

What happens after the NIP has been returned?

After the NIP has been returned and the identification of the driver has been established, the police may take up to 6 months to progress the case. This normally involves the issuing of a fixed penalty notice or the necessity for the defendant to appear in court. Alternatively, in some instances, the police may opt to take no further action.

If the police take no further action within six months, it will be too late for them to initiate any charges against the recipient of the NIP.