Notices of Intended Prosecution and Section 172 Driver Identification Requirements

It’s common to receive both Notices of Intended Prosecution (NIP) and Section 172 notices together, but it’s important to understand that each serves a different purpose and has its own set of legal considerations.

Notice of Intended Prosecution (NIP)

A Notice of Intended Prosecution must be issued before the police can pursue legal action for certain road traffic offences. The law requires that a driver is made aware, either verbally or in writing, that they may be prosecuted, providing a fair warning in a timely manner.

A NIP is most commonly sent after a traffic violation has been detected by a camera, such as speeding.

The relevant legislation is Section 1 of the *Road Traffic Offenders Act 1988, which stipulates that a person cannot be convicted of certain offences unless they have been warned about the possibility of prosecution at the time the offence was committed or within 14 days.

The NIP must be served on the driver or the registered keeper of the vehicle at the time of the alleged offence. To comply with the law, it must be posted in time to reach the recipient within 14 days of the offence. The 14-day period is calculated by excluding the day of the offence itself and then counting 14 days. The deadline expires at midnight on the 14th day.

The notice must detail the nature of the alleged offence, as well as the time and location where it occurred.

In practice, these notices are usually sent by first-class post in an automated process. The law presumes that a notice is delivered two working days after posting unless the recipient can prove otherwise. If a notice is received later than the 14-day deadline, it can prevent prosecution. It is crucial to check the receipt date carefully, as it is the date of receipt—not the posting date—that is important for determining the validity of the notice.

If you believe there has been an issue with the timing of the notice, I can assist in verifying its compliance with the legal requirements.

Section 172 Requirements

Section 172 of the Road Traffic Act 1988 grants the police the authority to require the registered keeper of a vehicle (or anyone who may have information) to identify the driver of the vehicle at the time of an alleged offence.

There are frequent issues surrounding Section 172, particularly where individuals are prosecuted for failing to comply with these requirements. The legislation is complex, and errors can occur, both on the part of the police and the individuals involved. Common problems include:

1. Notice Not Received: Sometimes, the registered keeper or driver may not actually receive the notice. Although the police assume delivery, if the notice was never received, the person cannot be convicted of failing to provide the requested information.

2. Lost or Misplaced Responses: In cases where the notice was completed and returned, it may be lost in the post or misplaced by the police. If this happens, it can serve as a defence in a prosecution for failing to provide the information.

3. Incomplete Information: Occasionally, a registered keeper may only be able to provide partial information due to various reasons. The police sometimes expect full details, but as long as the person did their best to respond, this can be a valid defence.

4. Incorrectly Addressed Notices to Companies: When notices are sent to companies, there are strict requirements for addressing them correctly. If these requirements aren’t met, it can create challenges in a prosecution.

If you are facing any issues related to Section 172 notices, I can assist in addressing these concerns and ensuring that your rights are protected.

Additional Advice on Section 172 Notices

If you are facing any practical difficulties or need further clarification on Section 172 notices, I can offer more detailed guidance to ensure that the requirements are correctly followed and that your response is handled appropriately.