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Where the offence is triable summarily only, it will normally be heard by the magistrates' court which covers that area where the offence occurs, but all magistrates' courts have jurisdiction to try any summary offence s.2(1) Magistrates' Courts Act 1980. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. Section 127 MCA 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise. The phrase "any person" includes, but is not limited to, limited companies or, depending upon evidential criteria, officers of such a company. Any such notice should also warn defendants of the seriousness of producing or attempting to produce any forged or unlawful documentation with attempt to deceive. In the . In Vehicle Inspectorate v Blakes Chilled Distribution Ltd [2002] 166 JP Jo.118, the Administrative Court held that the intent necessary to prove vicarious liability was established where it could be proved that an employer had failed to take reasonable steps to prevent contraventions by drivers, provided that such failure was not due to honest mistake or accident. Whether a motorist has valid driving documents to cover his use of a motor vehicle on a road is a matter for police investigation. The duty to determine whether any documents produced are valid does not pass to any other agency where a motorist fails to produce the required documents, therefore local arrangements should be agreed for the most effective method for the documents' validation by the police before the court proceeds. In cases prosecuted on indictment under sections 1, 2, 3A and 22A RTA 1988 it will be usual for related summary offences to be adjourned sine die, or for there to be a lengthy period of remand, in order to await the outcome of the trial at the Crown Court. It should state the nature of the offence (for example Speeding) together with the time, date and place . The driver will then receive a notice of intended prosecution in his/her own name. The court ruled that under Article 15 of EEC Regulation No: 3821/85 of 1985 a driver's obligation to record all other periods of work extends to: Sections 96 and 97(1) TA1968 create absolute offences for the driver. A Notice of Intended Prosecution puts a legal obligation on the registered keeper of the vehicle. This is a summary offence. The duty to stop means to stop sufficiently long enough to exchange the particulars above: (Lee v Knapp [1966] 3 All ER 961). 14 July 2015 at 5:34PM. Arrangements should be made for the relevant officer to attend at the adjourned hearing to inspect and note any documentation produced. . . You can check whether . It is no defence that the driver failed to see the sign. It is no defence that the defendant did not think he was driving on a public road. In West Yorkshire Probation Board v Boulter [2005] EWHC 2342 (Admin); R v Burns [2006] 2 Cr. There are many decided cases on various aspects of the provisions - see Wilkinson's Road Traffic Offences 28th Ed. Once the vehicle is identified and the registered keeper (your lease company) confirmed, a penalty notice will head into the mail. 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 following points need to be borne in mind: The six-month time limit applies to most summary road traffic offences, but statutory exceptions do occur. This isn't straightforward and needs to be heavily evidenced. The term "mechanically propelled vehicle" is not defined in the Road Traffic Acts. If time permits, you will be asked to return to court on the same day for your case to be completed. This is an either way offence; Section 115(2) Road Traffic Regulations Act 1984 - making a false statement to obtain a parking authorisation. 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. 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). Case Study: Speeding . But where a disqualified person has had his driving licence returned in error by the DVLA, the prosecution should take that fact into account in deciding whether or not to proceed. You may get 6 penalty points on your licence and a 1000 fine . 3821/85. We can help. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. Driving Bans Explained. When the prosecutor considers instituting proceedings within the extended time limit period, reasons for the delay and any degree of responsibility borne by the offender should be taken into account. by serving the defendant with a summons within 14 days of the offence; or. You have been summoned to attend court for either not having one or more documents, as required, for using a motor vehicle on a road (or public place). Where a summons or requisition has been issued in respect of an offence mentioned in Parts 1 and 2 of the Schedule, proceedings for that offence cease to be specified when the summons or requisition is served on the accused unless the defendant is also served with a statement of facts and written statement/s. For example, such a situation may arise where the outstanding summary offence is a drink/drive allegation where the accused is liable to a three-year disqualification following a previous conviction. It appears to an officer that an offence has been committed under section 99(5) in respect of the vehicle or its driver. Any person who aids and abets, counsels or procures the making of such a false record can be charged under s.8 Accessories and Abettors Act 1861. It was clear that in requiring the production of a document or the handing over of records Article 14(2) of Council Regulation 3821/85 and s.99 Transport Act 1968 should be interpreted so that it was within the officer's discretion whether he chose to inspect the charts at the operators' premises or take them away for further analysis. Where a person is convicted of an offence involving obligatory disqualification the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified. The offence under section 12 of the Licensing Act 1872. This guidance is provided to provide an overview on procedure and charging practice that is not dealt with in the existing road traffic guidance being. Fourthly and finally, the application of any statutory exemptions must be considered. The words 'uses', 'causes' and 'permits' are deemed to have the same meaning for the purposes of the TA as they have for the purposes of the Road Traffic Acts. Our own firm offers a free online consultation service and this may just save you from 3pp and a possible ban. Additionally it may not be in the best interest of the court to prosecute Directors (solely to get points put on a licence). If your defence is that you did not receive it within this timescale, the onus is on you to prove it on the balance of probabilities. Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 specifies proceedings for the offences set out in the Schedule (see Annex B) for the purposes of s.3 Prosecution of Offences Act 1985 if those proceedings are commenced by the prosecution so as to give an opportunity of pleading guilty by post under s.12 Magistrates' Courts Act 1980 (MCA 1980). 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. In that event the case should not proceed unless the defence agrees to waive the point. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. The Codes of Practice under PACE apply to offences under this legislation as to any other. be warned at the time that he might be prosecuted for an offence, or, be served with a summons . This is a summary offence; Section 115(1) Road Traffic Regulation Act 1984 - the misuse of parking documents by, for example, lending a ticket issued by a parking meter to another person. 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 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. Attempting to or producing any document with intent to deceive may result in severe penalties. The defendant contributed to that failure by his or her own conduct. They are capable of speeds up to 12 mph. Find out about speeding limits and penalties, what to do if you receive a speeding ticket and driver awareness courses. . If an offence has been recorded . July 19, 2019. Some 'routine' prosecutions, for example under the Construction and Use Regulations and related provisions of the Road Traffic Act (RTA) 1988, may have special significance for the traffic commissioners when dealing with licensing applications from heavy goods vehicle operators. Help us to improve our website;let us know Current timestamp: 02/03/2023 01:38:55 . Where a defendant raises exceptional hardship as a reason for not being disqualified under the repeated offence provisions of s.35 RTOA 1988 it is appropriate for the prosecutor to question the defendant. Alternatively, you could receive a 100 fixed penalty ticket and 3 points or if the matter goes to court you could receive a maximum fine of 1000 (2500 if on a motorway) and 3 to 6 penalty points. Making enquiries does not extend the 28 day time limit as stated on the NIP. third party insurance. It is no defence for a person disqualified in their absence to claim that they did not know that they had been disqualified. received for the purposes of considering whether there are grounds for mitigating the normal consequences of a conviction under s.35(1) Road Traffic Offenders Act 1988 (RTOA 1988) (disqualification for repeated offences). Plus, a document called a Section 172 notice. it arose because the name and address of the accused or the registered keeper could not with reasonable diligence be ascertained within the statutory time; or. The police should regularly update the CPS and court staff of any local or national criminal activity with regard to motoring documents and their use. This should be done with the approval of the court and in order to assist in determining the question of disqualification. 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.