The police MUST issue what is known as a Notice of Intended Prosecution (NIP) if they intend to prosecute a motoring offence which was NOT involved in an accident. S1 Road Traffic Offenders Act 1988 requires police to:
- Warn the defendant at the time of the alleged offence of the possibility of prosecution for the offence
- Serve the defendant with a summons within 14 days of the offence
- Serve the defendant with a notice of the possibility of a prosecution within 14 days of the offence either to the driver or the registered keeper of the vehicle
If the notices are not served in time or they are not correctly served you may avoid a conviction. Note that you DO NOT COUNT the day of the alleged offence, so if the alleged offence is committed on the 1st of the month the notice should be served by the 15th of the same month.
Check your Notice of Intended Prosecution
The following questions and answers will provide a guide to the steps you should follow:-