Notice of Intended Prosecution

Question 1

What is a notice of intended prosecution?

Answer 1

A written notice that is sent to the suspect in certain traffic offences.

Certain traffic offences require either…

• a warning of the possibility of persecution given at the time of the offence
• be served with a summons within 14 days if the offence
• be sent a Notice of Intended Prosecution within 14 days of the offence

A notice of Intended Prosecution must be sent by the prosecutor (normally the police) if not it will not count as served

Question 2

Which offences require a Notice of Intended Prosecution?

Answer 2

• dangerous, careless or inconsiderate driving
• dangerous, careless or inconsiderate cycling
• failing to comply with traffic signs or directions
• leaving a vehicle in a dangerous position
• speeding offences under SS16 and 17 of the road traffic regulations act

Question 3

What is the exception to serving a Notice of Intended Prosecution?

Answer 3

It MUST BE

• at the time OR
• immediately afterwards AND
• owing to the presence of the vehicle concerned (there must be a causal link between the vehicle and the accident)
• on a road (ONLY)
• an accident occurred
• if the accident that occurs is so minor the driver does not notice a NIP must be served
• if the accident is so severe the driver does not remember there is no requirement for an NIP

Question 4

How to send an Notice of intended prosecution?

Answer 4

• by delivering it
• by addressing it to the defendant at leaving it at their last known address
• by sending to to their last known address, addressed to them, by first class post, registered mail or recorded delivery
• it is considered delivered unless it is returned unanswered or otherwise not received
• serving on a spouse e or partner will count
• serving on a home address when the defendant is temporarily away (holiday/hospital) will count even if known by police
• if sent by registered mail an assumption is there that it is received in 2 days