What happens after receiving a Notice of Intended Prosecution (NIP)
SA Notice of Intended Prosecution (NIP) is a formal warning from the police that you are being investigated for an alleged offence. This document, often linked to road traffic offences such as speeding or other motoring offences, is important to understand as it can lead to further action. In this guide we’ll look at what happens after you get a NIP, your responsibilities, and the consequences. For any further assistance, please contact Motoring Solicitors.
1. What is a Notice of Intended Prosecution (NIP)?
A Notice of Intended Prosecution is a legal requirement under the Road Traffic Act. It must be issued within 14 days of the alleged offence. The notice will detail the original offence, e.g. speeding, excess speed, or mobile phone offences and will tell the driver the police intend to prosecute. If the vehicle was hired or sold the registered keeper, or even the previous owner, may receive the notice and must respond.
The NIP is sent to the last known address of the nominated driver or person driving the vehicle at the time of the offence. It can be delivered by recorded delivery so it gets to the right person. In some cases a verbal warning can be a NIP if issued by a police officer at the scene.
2. What to do after you get a NIP?
After you get a Notice of Intended Prosecution NIP you must respond within 28 days. Here’s what to do:
- Check the Details: Check the details of the notice, e.g. the vehicle registration, speed limit, offence time. If there’s incorrect information or mistakes, it could invalidate the NIP.
- Provide Driver Information: Fill in the requested information, usually a Section 172 notice. You must provide the driver details of the person driving at the time of the offence. Failing to do so can lead to a separate prosecution even if you weren’t the driver.
- Notice Nominating a Driver: If someone else was driving your vehicle nominate the driver on the form. If a hire company is involved they will usually get the notice first and must pass it on to the nominated driver.
- Get Legal Advice: In some cases, especially for serious offences like high speed offences or excess speeding, you may want to get legal advice. The penalties for these can be 6 points or more, or even a prison sentence.
3. What happens after you respond to a NIP?
After you’ve provided the driver information there are several options:
- Fixed Penalty Notice: For minor offences like a speeding offence, you may get a fixed penalty notice. This is a fixed penalty fine and 3 points on your licence. The fixed penalty process avoids court unless you choose to contest the charge.
- Driver Awareness Scheme: In some cases, especially for a first offence or lower level offences, you may be offered a speed awareness course or a driver awareness scheme. By completing the course you can avoid getting points on your licence.
- Court Summons or Single Justice Procedure Notice: For more serious offences like excess speed or dangerous driving, you may get a court summons or a single justice procedure notice. This means you have to attend a court hearing where the penalties can be higher, including points on your licence, fines or a driving ban.
- Conditional Offer: In some cases, the police may offer a conditional offer as an alternative to prosecution. This is a fine and points without having to attend court.
4. Penalties and Court Action
If your case goes to court you could get:
- Fines: Fines can range from £100 for minor offences to larger sums for serious offences.
- Penalty Points: More serious offences can get 6 points or more on your licence. 12 points or more in 3 years can get you a driving ban.
- Driving Ban or Prison Sentence: In the most serious cases, repeated offences or road traffic accidents caused by excess speeding a ban or even a prison sentence. Mitigating circumstances can be presented in court to reduce the penalty but this is at the court’s discretion.
For more information, check the government website.
5. Common Defences and Legal Rights
You can use the following defences if you contest a NIP:
- Incorrect Details: If the NIP has errors such as the wrong vehicle registration, date, or time. You may have a defence. You can also ask for a calibration certificate for the speed camera if you think it was faulty.
- Late Issuance: If the NIP was not issued within 14 days of the original offence it may be invalid. However, there are exceptions, especially if the NIP was sent to a previous owner or if there were issues finding the driver.
- Speed Awareness: If you were not driving the vehicle at the time you can contest the notice by proving you were not the driver. This requires accurate documentation and possible evidence of who the actual driver was.
6. What happens if you don’t respond to the NIP?
If you don’t respond to the Notice of Intended Prosecution, you will be at risk of further action. You could be charged with failing to provide driver details, which is an offence in itself. This could result in further notices being issued or a court summons for non compliance.
7. Motor Insurance
Penalty points or being found guilty of a motoring offence can increase your motor insurance premiums. Insurance companies view drivers with convictions as higher risk and will increase your premiums. In some cases, they may refuse to cover you at all, especially after excess speeding or high speed offences.
New drivers
If you gain 6 or more penalty points within your first 2 years of driving, your driving licence will be cancelled.
Summary
A Notice of Intended Prosecution can be daunting, but knowing your rights and obligations is key. Whether it’s a fixed penalty notice, a driver awareness scheme, or a court hearing, take action quickly and consider seeking advice from a solicitor if you’re facing serious charges or contesting the prosecution.
