Notice of Intended Prosecution (NIP)

The law requires drivers are given a Notice of Intended Prosecution (NIP) as a warning they may be prosecuted for a motoring offence. You cannot be convicted of certain road traffic offences unless you have been warned that the question of prosecution would be taken into consideration by way of a notice of intended prosecution (Section 1 Road Traffic Offenders Act 1988). This document must be issued within 14 days of the date of the offence. It can also be given verbally by the police at the scene of the alleged motoring violation.

The most common instance where Notice is served is a NIP for speeding but they can also be issued for: 

  • When the police do not know who the driver is. For example if a car registration has been captured by a member of the public, a police officer or on camera, ie a red light
  • When police have been unable to stop a driver at the time of the incident
 

The NIP must comply with some statutory requirements including the identification, location and date of the said offence. It needs to provide enough information to enable the driver to know exactly what he is supposed to have done. If the NIP is not completed properly it may mislead and could prejudice a defence. It is also important to check the date you receive your NIP as late service of one is a complete bar to a prosecution. We would advise checking the date stamp on the envelope if you believe it to be outside the 14 day period. A driver cannot be convicted unless the procedure is complied with properly, but you must nevertheless respond to the NIP.

If you have received a NIP you are required to identify the driver of the vehicle. You must do this within 28 days and if you fail to do so, you have committed a further offence for which your licence can be endorsed with 6 penalty points and a fine up of £1,000 imposed, unless you can show that it is impossible to comply despite your best reasonable and diligent enquires to establish the driver's identity.

How we can help

If you have received a NIP we can advise you on the best steps to take. Our knowledge and expertise will ensure we reach the best possible outcome for you.

Brian Koffman & Co are specialist motoring offence solicitors and have years of experience in handling driving offence cases.

Contact us today

If you have been charged with a motoring offence you will need the knowledge, expertise and support of a solicitor who understands, we can help. Please contact Brian Koffman & Co on 0161 832 3852 or submit an enquiry and we will call you back.