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NIP Time Limits?
Today (18/04/2008) I have received a Notice of Intended Prosecution. The offence wason the 29th of January 2008, is there not some limit restriction as to whenthese can be sent and received?
Any help will be appreciated.
Any help will be appreciated.
Answers
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an offence has been made here , and the police can "issue a summons " , within 6 months of this speeding offence,,,,,,in this case the document is a "notice of intended prosecution" , as a guideline they should send " notice of intend/prostn" within 14 - 28 days ,,, but anytime within 6 months maybe ddemed adequate,,,, someone correct me if im wrong, - i assume on January 29 - 2008 . the vehicle was registered to you,,, im assuming again that this is for "speed camera " or "traffic light camera " , type of motoring offence ,,,,,?
As much as it pains me, I have to agree with Mamjet on this one.
I'm not sure if there is a time limit, but if there were, it would be at least six months.
NIP's are usually sent to the registered keeper of the vehicle in the first instance. They then have to notify the police of the driver. If the vehicle was recently sold or it's a fleet vehicle, the forms can go back and forth a few times before the driver is identified, which can take time as each party is given 28 days to respond, so allowance has to made in any time limits for that.
I'm not sure if there is a time limit, but if there were, it would be at least six months.
NIP's are usually sent to the registered keeper of the vehicle in the first instance. They then have to notify the police of the driver. If the vehicle was recently sold or it's a fleet vehicle, the forms can go back and forth a few times before the driver is identified, which can take time as each party is given 28 days to respond, so allowance has to made in any time limits for that.
There is no requirement for a 'paper' NIP to be issued at all if you were stoppped by the police as they can give a vebal NIP. If a paper NIP is issued then it must be received by the RK within 14 days whether it's you as joe public, a company vehicle or a leased vehicle. as lawdropout says a summons can be issued anytime within 6 months.
Did you get a s172 too?. Failure to provide this information is 6 points and a hefty fine.
Post a thread on pepipoo.com
Did you get a s172 too?. Failure to provide this information is 6 points and a hefty fine.
Post a thread on pepipoo.com
Lots of correct (and some incorrect) points have been made here, so let�s try and tidy it up.
First of all, I assume the alleged offence was one of speeding. If you were stopped by the police at the time of the alleged offence they should have given you a verbal NIP. In this case no paper NIP is necessary and the CPS has six months from the date you were stopped to begin proceedings.
If you were not stopped at the time (e.g. were caught on camera) a NIP must be sent to the Registered Keeper (RK) of the vehicle and be posted so that in normal circumstances it would be received within 14 days. The RK has 28 days to provide details of the driver or he can be convicted under S172 of the Road Traffic Act (failing to provide driver�s details).
If you are not the registered keeper (if say, you have borrowed or hired the vehicle) it may be some time before the NIP reaches you. If you wish to argue that the matter was �timed out� in these circumstances this must be done in court by means of a not guilty plea. The court will look at all the circumstances when deciding the issue.
If this is a straightforward matter (i.e. you are the registered keeper, and have not changed address or anything like that) then almost three months for a NIP to be received seems excessive.
First of all, I assume the alleged offence was one of speeding. If you were stopped by the police at the time of the alleged offence they should have given you a verbal NIP. In this case no paper NIP is necessary and the CPS has six months from the date you were stopped to begin proceedings.
If you were not stopped at the time (e.g. were caught on camera) a NIP must be sent to the Registered Keeper (RK) of the vehicle and be posted so that in normal circumstances it would be received within 14 days. The RK has 28 days to provide details of the driver or he can be convicted under S172 of the Road Traffic Act (failing to provide driver�s details).
If you are not the registered keeper (if say, you have borrowed or hired the vehicle) it may be some time before the NIP reaches you. If you wish to argue that the matter was �timed out� in these circumstances this must be done in court by means of a not guilty plea. The court will look at all the circumstances when deciding the issue.
If this is a straightforward matter (i.e. you are the registered keeper, and have not changed address or anything like that) then almost three months for a NIP to be received seems excessive.
even if any given motoring offence,,,goes to "COURT HEARING " the PROSECUTIONdoes not have to get a court date , within 6 months of an "alleged motoring offnce" ...they have a legal obligation to "process the alleged motoring offnce"..within six months of the alleged offence ..... in theory , they could "set a court date " 18 months after any "alleged motoring offence" ...its the "processing date" has a six months limit on it.......
Not quite right, LDO.
The matter has to be listed for a first hearing within six months of the prosecuting agency becoming aware that the offence had been committed. They cannot delay the first hearing beyond that date or the matter is out of time. Magistrates can and do dismiss matters that are beyond this statutory time limit.
Once the first hearing has taken place magistrates are expected to ensure that the matter is concluded as quickly as possible and to refuse adjournments without good reason.
This applies to all "summary" offences (i.e. those that can be dealt with only at the magistrates' court). These rules (including the necessity to promptly provide a NIP if it was not given at the time of the alleged offence) are designed to minimise the risk that details of the event will have been forgotten by the time the matter comes to court.
The matter has to be listed for a first hearing within six months of the prosecuting agency becoming aware that the offence had been committed. They cannot delay the first hearing beyond that date or the matter is out of time. Magistrates can and do dismiss matters that are beyond this statutory time limit.
Once the first hearing has taken place magistrates are expected to ensure that the matter is concluded as quickly as possible and to refuse adjournments without good reason.
This applies to all "summary" offences (i.e. those that can be dealt with only at the magistrates' court). These rules (including the necessity to promptly provide a NIP if it was not given at the time of the alleged offence) are designed to minimise the risk that details of the event will have been forgotten by the time the matter comes to court.
New judge , yours is spot on......... maybe some of the subscibers.... on these sites .. may consider registering the car / van , in a 2pseudonym ? ...... which isnt exactly ethical... among other things....... - when people post these questions tht "they recievd an NIP more than 14 days after the offence "... i feel sometimes they are not telling us something - like thet had moved address ,,or something , i recieved one NIP , within 9 days of the offence.......
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