Notice of Intended Prosecution

A Notice of Intended Prosecution (NIP) is a formal notification issued by the police to inform an individual that a motoring offence is alleged to have taken place and that prosecution may follow. Receiving a Notice of Intended Prosecution does not automatically mean that court proceedings will occur, but it does indicate that the authorities are considering taking further action.

For certain road traffic offences, the law requires that a driver must be warned that prosecution is being considered before they can later be convicted. This warning is usually provided through the Notice of Intended Prosecution. The notice itself does not have to contain detailed information about the allegation, and minor errors will not usually invalidate it unless they are likely to mislead the recipient.

Offences that commonly require a Notice of Intended Prosecution include:

• dangerous driving
  
• careless or inconsiderate driving
  
• leaving a vehicle in a dangerous position
  
• dangerous or careless cycling
  
• failing to comply with traffic signals or police directions
  
• speeding offences
  
• assisting or encouraging the commission of these offences
  

When a Notice May Not Be Required

There are certain situations where a Notice of Intended Prosecution may not be necessary. For example, if an accident occurred at the time of the alleged offence or immediately afterwards, the requirement to issue a notice may not apply. However, if the person involved was unaware that an accident had taken place, a notice may still be required.

The 14-Day Rule

In many cases, the Notice of Intended Prosecution must either be given verbally at the time of the incident or sent in writing to the registered keeper of the vehicle within 14 days of the alleged offence. The time period begins on the day after the incident occurred.

If the identity of the driver is unknown at the time, the notice will normally be sent to the registered keeper listed with the DVLA. As long as the notice is delivered to the recorded address within the 14-day period, it will generally be considered valid.

Once this initial requirement has been satisfied, the police may send further notices to other individuals if the registered keeper identifies someone else as the driver.

Address and Delivery Issues

If the registered keeper has moved address and has not updated their details with the DVLA, the notice may still be valid provided it was sent to the address held on the official records within the required time limit.

A notice is usually regarded as served when it is posted to the recipient’s last known address. This can apply even if the document is not actually received, unless evidence is provided showing that effective service did not occur.

If the police fail to issue a valid Notice of Intended Prosecution within the required time frame for offences where one is required, this may prevent a conviction for that particular offence.

Driver Identification Requests

A Notice of Intended Prosecution is commonly sent together with a request for driver information under Section 172 of the Road Traffic Act 1988. This request requires the registered keeper or another nominated individual to identify the driver of the vehicle at the time of the alleged offence.

The person receiving this request must normally respond within 28 days, confirming who was driving. Failing to respond or providing incorrect information can result in a separate offence carrying penalty points and a fine.

Although the Notice of Intended Prosecution and the request for driver details are often issued together, they are legally separate documents and serve different purposes.

Time Limits for Prosecution

Many motoring offences that require a Notice of Intended Prosecution are classified as summary offences. For these types of offences, legal proceedings must usually begin within six months of the alleged offence.

Because the procedures and time limits involved can be complex, it is important to review any Notice of Intended Prosecution carefully and understand the legal obligations before responding.