What is a Notice of Intended Prosecution?
A Notice of Intended Prosecution (NIP) is a notice issued by the police to the owner or registered keeper of a vehicle informing them that they face prosecution for a motoring offence. This typically includes offences such as speeding, careless driving, dangerous driving or driving whilst using a mobile phone.
How will I receive a Notice of Intended Prosecution?
An NIP can either be given verbally by police at the time of the actual offence if they stop you, or if they did not stop you then you will receive it by post within 14 days of the alleged offence.
What information will the Notice of Intended Prosecution contain?
It will contain details including the nature of the offence for which prosecution is being considered; the time and date of the offence; the vehicle involved; and the location where the offence took place.
Are there any offences under which I wouldn’t receive an NIP?
You will not receive a Notice of Intended Prosecution if you were involved in an accident as your knowledge that you were involved in an accident is considered notification that an offence was committed.
What if I received the NIP after the 14 day window?
You might receive the NIP later than 14 days after the alleged offence took place because the police could not trace the registered keeper of the vehicle in time to issue the notice within 14 days, for example if the registered keeper is not recorded on the DVLA’s database.
I believe I have committed an offence, so why haven’t I received an NIP?
You might not have received a NIP in the post because the police stopped you at the time of the offence and issued you a notice verbally.
If you committed a speeding offencethe police may offer you a speed awareness course or a fixed penalty of three points and a £100 fine, or for more serious speeding offences you could be issued with a Single Justice Procedure Notice (SJP).
What should I do if I have received a Notice of Intended Prosecution?
If you have received a Notice of Intended Prosecution you should respond to it within the 28 day timeframe; failure to do so is considered an offence and could result in your driving licence being endorsed with six penalty points.
Could receiving an NIP mean I’m disqualified from driving?
Your risk of being disqualified depends on the severity of the offence and whether you already have any points on your driving licence. You might face a short disqualification for speeding far in excess of the limit, or be disqualified for six months if you have 12 or more points on your licence.
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Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.
Chris Powell specialises in road transport law and motoring defence. He advises and represents haulage and PSV operator licence holders and drivers on all road transport regulatory matters.
Joanne Derbyshire is a Trainee Solicitor currently in the Transport department.
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.
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