From Little Acorns, Mighty Oak Trees Grow: Think before accepting a Notice of Intended Prosecution on someone’s behalf

In the UK, the Notice of Intended Prosecution (NIP) holds significant legal weight and is an important element in the administration of justice to those who commit driving offences. Although a common occurrence, receiving a NIP, sometimes referred to as a Section 1 warning, can nevertheless cause alarm and individuals need to understand the laws surrounding NIPs and the potential consequences that may follow – particularly if attempting to accept one on behalf of another party.

What’s a NIP?

A NIP is a formal document issued by the police, typically following a speeding or traffic light violation captured by a camera. It serves as a notification to the registered keeper of a vehicle or the driver at the time of an alleged motoring offence. Additionally, it outlines details of the alleged offence, the location and date, and crucially, informs the recipient of their legal obligation to provide details of the driver's identity at the time of the incident.

NIPs are issued under Section 1 of the Road Traffic Offenders Act 1998, which states that drivers must receive a warning that they may be prosecuted for certain offences they are suspected of committing. The most common offences attracting a NIP are:

Careless driving
Dangerous driving
Speeding
Failing to comply with traffic signs

How NIPs are issued

NIPs can be issued verbally by police if they’ve stopped a driver at the roadside. Alternatively, if the alleged offence was captured on a speed camera, a police authority will issue a NIP in writing to the registered keeper outlining the circumstances of the offence. Written warnings are also issued if the police witness an offence but have not had the opportunity to issue a verbal warning, or if they receive a report from a member of the public.

However, the police have strict time limits within which to issue a NIP. The law stipulates verbal warnings must be given at the time of the offence and a written warning must be issued within 14 days – subject to specific exceptions. Failure by the police to issue a warning late, or not at all, can be grounds for defending legal proceedings.

It is worth noting that the 14 days applies to notifying the registered keeper, who may be a different person or party to the driver. In addition, late notice does not remove the legal responsibility of the registered owner to identify the driver of the vehicle at the time of the alleged offence. That remains at 28 days.

What happens next?

Upon receiving the NIP, you'll be provided with options for identifying the driver and details of your next steps. These might include accepting the Fixed Penalty Notice (FPN), which typically involves a fine and points on your licence but avoids a court appearance. You can also elect to go to court, which allows you to contest the offence or negotiate a plea. It’s strongly advised that you engage professional legal representation if following this option.

By failing to respond to the NIP, you are committing the offence of ‘failing to furnish information’ and your case will be referred to court. This offence also carries a mandatory 6 penalty points and can attract fines of up to £1,000.

Implications of accepting a NIP on someone’s behalf

Attempting to accept a NIP on behalf of another individual, whether as the registered keeper of the vehicle or otherwise, can have more serious legal ramifications. The law in the UK is clear that the recipient of the NIP must truthfully and accurately disclose the identity of the driver at the time of the alleged offence. Deliberately providing false information or attempting to take responsibility for an offence that was committed by another individual can constitute the criminal offence of ‘perverting the course of justice’.

Perverting the course of justice is a serious criminal offence that carries severe penalties, including the possibility of a custodial sentence. Individuals found guilty of this offence may face imprisonment, significant fines, and long-term repercussions on their personal and professional reputations.

Few possess the understanding that accepting the NIP on behalf of another party, without the legal authority to do so, can have far-reaching and detrimental consequences. The integrity of the legal system relies on the truthful disclosure of information, and any attempt to subvert this process is treated with the utmost severity under the law. Something seemingly insignificant, such as a NIP for a minor motoring offence, can explode into a far more serious situation. Several high-profile examples in the past serve to demonstrate exactly how serious these situations can become.

Don’t be tempted

Remember, receiving an NIP doesn't automatically mean a conviction. By understanding the legalities involved and responding promptly, you can navigate the situation effectively and ensure a fair outcome. However, giving into the temptation of helping a friend or family member who may already have points on their licence and face a ban is likely to only end one way.

The first mistake would be to think you will not be caught, but the police often take a keen interest in such cases and the technology available to them usually makes identifying the driver quite straightforward. Furthermore, your actions will also remove any realistic opportunity to argue exceptional hardship. The inevitable result will be that two people instead of one are prosecuted and the punishments they receive will be far more severe than the one originally faced.

Noble Solicitors possess extensive expertise in assisting clients with the preparation and presentation of careless driving cases. With a deep understanding of the legal system, we offer comprehensive support and guidance to individuals facing potential driving bans for failing to stop and report an accident. Our team of skilled solicitors works closely with clients to gather compelling evidence and construct persuasive arguments to defend legal actions taken against them. We are dedicated to leveraging our knowledge and experience to help clients navigate this complex process and achieve the best possible outcomes.