A guide to a notice of intended prosecution

A guide to a notice of intended prosecution

It happens to more people than you think. You’re going about your daily business, open the mail and find you’ve been sent a Notice of Intended Prosecution. It’s enough to make your stomach drop and a terrible panic rise. What is this is relation to? How did I get this? Can I contest it? What happens now? 

Well firstly, don’t panic. Read on for a simple guide and everything you need to know about your next steps, and what to do if you receive a notice of intended prosecution

What is it?

A notice of intended prosecution is sent to people when there is an allegation of a motoring offence such as speeding. You might also receive one if you have been nominated as the driver in question at the time of the alleged offence. 

What is it asking of me?

This notice of intended prosecution (NIP) is usually sent with a requirement for the recipient to provide details of the driver at the time the offence allegedly occurred. This gives 28 days within which to complete, sign and return the form provided with the requirement to the police.

Completing your NIP

As you have to do this within 28 days specified, it’s always best to get proof of postage, should your response go missing in the mail. If you do not return the completed form within 28 days or do not respond at all then you may be prosecuted. On conviction, the offence of failing to provide details of the driver carries 6 penalty points and a fine of up to £1,000.00

If you return the form stating that you weren’t the driver and nominate someone else, then that person will receive a NIP and requirement for details of the driver. 

I have confirmed I was driving. What happens now?

If you confirm that you were the driver at the time of the alleged offence then there are three courses of action that the police can take:

  1. You will be offered an educational course. Which once completed, will result in no points on your licence. 
  2. Offer a Fixed Penalty. This will be 3 points on your licence as well as a fine of £100.00. 
  3. Send the case to court. Where you will be required to enter a plea of guilty or not guilty. Paperwork will be issued to you. 

What if I don’t agree with this NIP?

Always remember that responding to the NIP is not an admission of guilt. You simply have a legal requirement to respond within the given time frame. Should the case progress, you will have a chance to defend the matter and give more information. If you believe that allegation is incorrect, or you don’t know who was driving, you still need to respond.

Seek legal help

If you’re unsure or need more information, get in touch with a legal firm as soon as possible.

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