What Happens After a Notice of Intended Prosecution (NIP)?

A notice of intended prosecution (NIP) is the first stage for most motoring offences.

The NIP is also referred to as a section 1 warning under the Road Traffic Offenders Act 1988.  The purpose of the Notice of Intended Prosecution is simply to inform the registered keeper of the vehicle that the person driving the vehicle on the specific day and time indicated on the notice could be prosecuted for a motoring offence.

Why have I received a Notice of Intended Prosecution (NIP)?

The police are required to write to the registered keeper of the vehicle and to notify the registered keeper that the person driving could be prosecuted. You have received a notice of intended prosecution because either you are the registered keeper of the vehicle, or you have been nominated as the person driving the vehicle at the alleged time.

The original NIP must be served upon the registered keeper of the vehicle within 14 days of the alleged offence being committed.

Once you have received the requested for driver details form (this is usually combined with the NIP), you are under a legal obligation to either confirm that you were the driver at the time of the alleged offence, or provide the police with details of who was driving at the time.

What happens if I do not provide the police with the name of the driver?

If you do not provide the police with the name of the person who was driving the vehicle at the time of the alleged offence, you could be prosecuted for an offence known as Failing to Provide Driver Details. This offence attracts 6 penalty points along with a fine.

It is advisable to respond as soon as possible and if you are unable to identify who was driving the vehicle, it is your responsibility to make enquiries and then inform the police of who the driver was.

What happens if I was given a verbal warning?

If the police stopped you at the time of the alleged offence, the police officer is likely to have given you a verbal warning, which is also known as a verbal Notice of Intended Prosecution. If you were given a verbal warning, the police are not required to also write to you within the 14-day time limit, because you were already given a NIP when you were stopped.

What should I do next?

As soon as you have received the notice of intended prosecution, please carefully read the notice so that you understand when, where and what the alleged offence relates to. You should then identify who was driving the vehicle, complete the request for driver’s details form and return it to the police as soon as possible.

It is important to note that the form can only be completed and signed by the person it has been addressed to, if anyone else completes and signs the form on your behalf, you could still be prosecuted for failing to provide driver details because you have not provided the police with the details.

What happens after I have completed and returned the NIP form?

Once you have completed and returned the form, the police shall then consider whether the driver should be prosecuted. This process does take several weeks or even months because police forces throughout England and Wales deal with thousands of motoring offences on a daily basis.

There is a possibility that the police take a decision to take no further action because either they have insufficient evidence or, they have not prosecuted within time.

The police could decide to offer a speed awareness/ driver improvement course however, this is at the discretion of the police force, and you cannot demand that they offer you a course instead of prosecuting you. If you are offered a speed awareness/ driver improvement course, and should you wish to accept the course, you must do so within the time limit stated on the offer and you must also pay the fee within the time limit. If you do not accept or pay the fee within the time limit, the police are likely to progress the matter further.

Will I receive a fixed penalty notice?

In certain circumstances, such as speeding slightly over the legal limit, the police will usually offer a fixed penalty notice (FPN). The fixed penalty notice will require a financial payment along with penalty points being endorsed upon your license. For speeding offences, the fixed penalty notice will usually be 3 points along with a fine of £100 and for mobile phone offences, the fixed penalty is 6 points and a fine of approximately £100.

It is entirely your decision on whether you accept the notice. However, before doing so, you should check how many points you already have on your license.

Single Justice Procedure Notice

In certain types of cases, such as excessive speeding (101MPH in a 70 for example), once the driver has been identified, the police will usually prosecute, and you will receive a Single Justice Procedure Notice (SJP).

Do you require legal advice &/or representation?

If you are facing a driving offence prosecution and require expert legal representation at Court, call our lawyers on 0330 818 9825 or complete our Contact Form.