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Strict rules apply to the prosecution process for motoring offences. If the Police do not comply with them the prosecution can be dropped. Below is a brief summary of their obligations.
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The Notice of Intended Prosecution (NIP) must be sent to the registered keeper to arrive within 14 days of the offence. If the NIP is received outside this period you may be able to get the case dropped. |
The Police must give you a Notice Of Intended Prosecution (NIP). A verbal NIP is the legal minimum. The officer must be in uniform and must provide details about the alleged offence. |
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The Registered Keeper (who receives the above NIP) must respond within 28 days identifying the driver. A legitimate defence can be built if you cannot remember who was driving at the time, but you'll need good legal representation to succeed. |
If you are ordered to produce your documents, you must do so within 7 days of the offence. |
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The Police then have 6 months to resolve the matter by way of a Fixed Penalty Notice or a court summons. |
If you are given a Fixed Penalty Notice at the scene, you have 28 days in which to accept or reject it. |
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If you chose or are requested to court the police must provide a copy of their evidence 7 days before the court date.
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If you are not given a Fixed Penalty at the scene, the Police have 6 months in which to commence Court proceedings.
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