ZNet Tech is dedicated to making our contracts successful for both our members and our awarded vendors.
The 'prosecutor' for the purposes of section 6 can be the investigating officer or the informant (see [1976] 140 JP Jo., 675; Swan v Vehicle Inspectorate [1997] RTR 187. Offences are either way, punishable by way of fine in the Magistrates' Court or by imprisonment (maximum two years) in the Crown Court. Section 99 TA 1968 empowers police and Department for Transport officials to require the production of records and documents, whether or not offences are revealed on the face of them. Any person who drives a vehicle subject to such a prohibition, or who causes or permits it to be driven, or who fails to comply with a direction to remove the vehicle to a specified place, commits a summary offence punishable by a level 5 fine. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. Where an officer took the records away with him, the rules of natural justice permitted an operator to take copies of the records before they were removed, save in circumstances where, for example, the operator became obstructive or for some other reason that made it impracticable. The term 'motor vehicle' is defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads". In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. The offence under section 12 of the Criminal Justice and Police Act 2001. If this happens you'll have the chance to challenge the case against you. Police officers had recovered a DVD that had footage of a motorbike ride. If you do in fact have any documents that would cover your use of the vehicle on the road at the time you were asked to produce them, you must, as soon as possible, take immediate steps to produce them at the police station you originally selected when the police officer asked you to choose one (this police station will be called the nominated police station from now on). When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. CPS and court staff are not trained in the detection of fraud. Proceedings for an offence mentioned in the Schedule also cease to be specified if a magistrates court indicates that it is considering imposing a custodial sentence for the offence. Under current legislation, the Department for Transport considers Segway Personal Transporters as motor vehicles, subject to road traffic laws. A notice of intended prosecution can be given: Road Traffic Act 1988 (RTA 1988) offences to which s.1 RTOA 1988 applies include: Section 2 RTOA 1988 states that the prosecution does not have to comply with s.1 RTOA 1988 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards. The requirement is to provide those details within 28 days. If such a course is adopted, the reasons should be made clear to the Magistrates' Court. Keep your fingers crossed. We are only a phone call away. The police will then be able to check your documents and note the fact that you have produced them. A Notice of Intended Prosecution is simply notice from the Police that an offence has been recorded and that they intend to prosecute the person responsible. A mechanical defect of which the driver was unaware, may amount to a defence (see R v Spurge [1961] 2 All ER 688), as will the loss of control over the vehicle due to circumstances beyond the control of the driver (see Burns v Bidder [1966] 3 All ER 29). Dangerous driving. The defendant contributed to that failure by his or her own conduct. Section 99A TA 1968 gives police and vehicle examination officers the power to prohibit the driving of a UK registered passenger or goods vehicle. In the great majority of cases the offence will fall within the second of these provisions. Where agreeable, and in the absence of any grounds for suspicion, it may be possible to agree (such agreement to include that of the defendant) the use of a facsimile copy or the documents to be sent to an agreed police station for verification and recording to take place while the case is stood down temporarily. If you were exceeding the speed limit by a great deal, you could receive a ban. In deciding whether to rely on the extended time limit, the prosecutor should ensure that he/she is able to ascertain the date on which sufficient evidence to warrant proceedings came to the knowledge of a police officer investigating the incident, since this is a requirement of the procedure. The offence of driving whilst disqualified, although a summary offence, can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - s.40 (3)(c) Criminal Justice Act 1988. If you do not complete and return the NIP/S172 notice correctly within the 28 day time limit, you face a separate charge of failing to notify driver's details, which is a 6 penalty point offence with a fine of up to 1,000. 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. If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. driving after making a false declaration as to physical fitness (section 92(10)); failing to notify Secretary of State of onset or deterioration of disability (section 94(3)); driving after refusal of licence under section 92 or 93 (section 94A); failure to surrender licence following revocation (section 99); obtaining driving licence, or driving, whilst disqualified (section 103(1)); using an uninsured motor vehicle (section 143); making a false statement to obtain a driving licence or certificate of insurance (section 174); section 244 RTA 1960 (re offences under section 235 RTA 1960 and section 99(5) Transport Act 1968); section 47(2) VERA 1994 (re offences under sections 29, 34, 35A, 37 or regulations made under the Act); section 73 Public Passenger Vehicles Act 1982 (re offences under sections 65 or 66 of the Act). GOV.UK is the place to find The defence should also give notice that they will be seeking to advance special reasons. You could face prosecution when you fail to respond and provide all the required information. Because self-balancing Personal Transporters do not meet the relevant requirements for use on UK roads, and because there is no separate legislation here for public road use by non-EC type-approved vehicles, they cannot be registered and licensed for use on a public road. Such alternative verdicts are permitted in relation to the summary offences of: Alternative verdicts under sections 4(1), 5(1)(a), 7(6), 4(2), 5(1)(b) or 29 RTA 1988 may be returned as appropriate, despite the fact that the six month time limit for those offences are likely to have lapsed. it was clear that in requiring the production of records the Community legislature took account of the need to ensure effective checking; while there was no express power to require the coach operator to hand over tachograph records to the Vehicle Inspectorate, the operator was nevertheless required to produce and hand over such records on demand if such a request was made to him; it was within the discretion of the authorised officer whether he chose to inspect the records at the operator's premises or take them away for more thorough and detailed analysis; the authorised officer should also permit the operator to take copies of any record he proposed to remove from the operator's premises. R. 16; and Olakunori v DPP [1998] C.O.D. This is an either way non-endorsable offence, punishable summarily by a fine or by imprisonment (maximum two years) on indictment. Otherwise, if there is no alternative, the case might have to be put off to another day for you to return if necessary. All agencies should be alive to these cases in the interests of justice and respond as required, but no actions should be taken or departure from the standard procedure made where this might prejudice the future interest of any victim. received in proceedings held in the absence of the accused - s.11(1) MCA 1980 proof in absence; read out before the court under s.12(7) MCA 1980 (non-appearance of accused: plea of guilty); or. The prosecution has a duty to assist the court by ensuring that correct and full information, both in law and fact, is given. The police must serve the notice on either the driver or the registered keeper. Case Study: Speeding . The minimum penalty for speeding or running a red-light is a 100 fine and three penalty points added to your licence. The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities. Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was . Once the vehicle is identified and the registered keeper (your lease company) confirmed, a penalty notice will head into the mail. A special reason is one which is special to the facts of a particular offence. They are capable of speeds up to 12 mph. It is ultimately a matter of fact and degree for the court to decide. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. When it applies, proceedings must be brought within six months from the date on which sufficient evidence came to the knowledge of the prosecutor to warrant proceedings but, in any event, they must not be brought more than three years after the commission of the offence. Failing to respond within the statutory time limit of 28 days can result in further prosecution, six penalty points and a fine of up to 1000, . Where a vehicle is required to be fitted with a tachograph, it is a defence to a charge of using (or causing or permitting the use of) the vehicle when a seal on the recording equipment was not intact, to show (among other things) that the breaking or removal of the seal could not have been avoided (s.97(4)(a) TA 1968]. There is no direct binding authority on the definition of a 'false chart', but it is suggested that the following elements should be present: See also the decision of the Court of Appeal in R v Bishirgian, Howeson and Hardy [1936] 1 All ER 586 at page 591 and R v Osman, Mills and Chalker 09/01/93 (unreported, but copy of judgement held at HQ Library). 1 (1) Where section 1, 6, 11 or 12 (1) of this Act is shown in column 3 of this Schedule against a provision of the M1 Road Traffic Act 1988 specified in column 1, the section in question applies to an offence under that provision. The certificate is, therefore, likely to be signed by the appropriate police officer. As far as management responsibility is concerned subsection (5) of the act says that where a director or senior manager of the company caused or connived with the failure to identify the driver, that person is also guilty. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. The duty to report means 'as soon as reasonably practicable': (Bulman v Bennett [1974] RTR 1). . 08 October 2018 At its most basic level it is a vehicle which can be propelled by mechanical means. The prohibition may be removed by any officer if he is satisfied that the reason for imposing the prohibition no longer applies. The Notice of Intended Prosecution must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. If different issues are in dispute and it is the intention of the prosecution to proceed regardless of the outcome of the Crown Court trial, the prosecution should consider asking for such summary offences to be heard first. (f) the horsepower or cylinder capacity or value of the vehicle, The Vehicle Excise and Registration Act 1994 (VERA) requires a mechanically propelled vehicle used or kept on a public road to be registered and licensed. Customer: On page 1 of the Notice of Intended Prosecution it states Notice Issue Date: 23/02/2023. The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin [1981] RTR 416 it was said to be a definable right of way between two points. We can help. Because of the restrictive provisions of s.40 Criminal Justice Act 1988 it will frequently be the case that when the Crown Court trial for a driving offence has been concluded, there will still be outstanding connected summary offences. The onus is on the body issuing the Notice of Intended Prosecution (NIP) to ensure the Notice is served within 14 days. Every effort should be explored to avoid unnecessary adjournments, though this may be unavoidable where there is no convenient nearby police station or the circumstances are such that an adjournment is unavoidable. The offence under section 63B(8) of the Police and Criminal Evidence Act 1984. Errors in date, time, vehicle registration or speed, which are caused through clerical error, will not automatically render the notice invalid. Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? The offence under section 1 of the Theft Act 1968, but only if it is the prosecutor's case that the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates Courts Act 1980. A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment. . The Reminder normally includes a copy of the original Notice in case you mislaid that or did not . (c) the number of persons that the vehicle carries, etc. This is an either way offence; Section 66 Public Passenger Vehicles Act 1981 - the making of a false statement to obtain such a document. In Cantabria Coach Holdings Ltd v Vehicle Inspectorate [2000] RTR 286 the court took account of the need to ensure effective checking. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. For further commentary see (Wilkinson's 6.01). The offence is equally serious, whether "use" or "causing or permitting" is involved. DPP v Hay [2005] EWHC Admin 1395 - Where a defendant is charged with driving otherwise than in accordance with a licence and driving without insurance, and the Crown have proved that the defendant was driving a vehicle on the road, the non-issue by the police of form HO/RT/1 (requesting production of the documents) is not fatal to the prosecution case. For many offenders their prosecution will be their only experience of criminal law enforcement. As a consequence, any user of such a vehicle on a public road is likely at the very least to be committing the offences of using the vehicle without insurance and using the vehicle without an excise licence. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). The offences under sections 55 and 56 of the British Transport Commission Act 1949. Liverlad67 Forumite. . The prosecution should not seek to secure convictions on both. Prejudice to a defendant by the delay and the lack of early notification of the impending prosecution can be addressed by abuse of process proceedings and s. 78 of the Police and Criminal Evidence Act. note part 19 of the Criminal Procedure Rules (Expert Evidence) and secure expert evidence where the defence expert's statement is incorrect, inconclusive or misleading. Local arrangements should be agreed for the speedy and efficient notification to the court that acceptable, or otherwise, production has been made. 1968, so that proceedings relating to the unauthorised taking of a mechanically propelled vehicle may be commenced at any time within six months from the date on which sufficient evidence to bring a prosecution came to the knowledge of the prosecutor. Driver Identity Section 172 (S172) of the Road Traffic Act 1988. Failure to provide these details may amount to an offence for which a prosecution could be pursued. Fixed penalty offences within the meaning of s.51(1) RTOA 1988. It was held that the court could not go behind the prosecutor's certificate save where the certificate was inaccurate on its face or in cases of fraud. Contravening a traffic signal. This should inform the recipient that not only should the relevant documents, if they exist, be sent or handed to the court as required in the summons, but that before that date, the documents must firstly be produced at a police station for inspection and validation and for the police to note relevant details. information online.