If this happens you'll have the chance to challenge the case against you. Definition, see Wilkinson's Road Traffic Offences (28th edition) 15.52. Plus, a document called a Section 172 notice. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers Legal aid Scotland may be able to help in your case, one of our lawyers will . They must provide the details of the driver at the time of the alleged offence. "Intended or adapted for use on roads" is also not defined by statute and again is ultimately a matter for the court to decide based on the evidence before it. Where no production is made at the nominated police station, the police may issue proceedings that allege either or both allegations that the motorist drove/used a motor vehicle without the proper documentation or that he or she failed to produce them as required by law. It will normally be accompanied with a requirement to provide the details of the driver of the vehicle. Summary offences should only be restored for hearing if it is considered necessary to meet the justice of the particular case. Section 65 Public Passenger Vehicles Act 1981 - the forgery or alteration of a licence, certificate or operator's disc issued under the Act, likewise the use with intent to deceive of anything resembling such a document. Speeding in Scotland | The Road Traffic Lawyer So what exactly is a written NIP? Arrangements will then be made for the court to be informed about this. Prosecutors who are dealing with a prosecution for no insurance where the case is based on the driver not meeting some condition of the insurance must be vigilant to check that the exclusion relied upon to make out the offence is not one of those avoided by s.148(2). The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers Once police have received written confirmation from the driver, it is the drivers' choice to either accept: A circumstance peculiar to the offender, as distinguished from the offence, is not a special reason: see Whittall v Kirby [1946] 2 All ER 552. Your co-operation is therefore in your own interests. Although a NIP must be received within 14 days of the alleged offence, this statutory time limit does not apply to a section 172 demand. Care should also be taken to ensure that sufficient charges are put to enable the gravity of the offence to be reflected in the sentencing process. This means that where an insurance policy purports to impose a restriction based on any of the matters listed above, that restriction is of no effect and the policy should be read as if the words containing the restriction had been struck out. The European Community Rules as set out in EEC Regulations 561/2006 and 3821/85; The domestic law contained in Part VI (sections 95 -103) of the Transport Act 1968 (TA 1968). If the prosecution is taken by surprise by the issue, an application to adjourn to call a witness can be made - see R on the application of.
notice of intended prosecution time limit