Is No NIP in 14 days lead pipe solid?
Discussion
Hello all, not been here for a while.
Back to the question, I think it is, but I need to be sure (of which, more later).
There is much case law on the subject, and DVD has posted about several examples.
They can be vary vague, however I am unaware of any where it was found that no NIP at all is O.K.
Now, the background;
I am involved in the defence of a speeding case.
I am confident that we can demolish the police witnesses version of events; however, to do it, I'd need to do a reconstruction and video it.
I'm pretty sure that the soundness of just scaling everything down proportionately would be lost on the mags. In fact, it would favour the police version of events because their acceleration would be proportionately higher at the lower speed of the reconstruction.
To make the evidence admissable, those inolved would have to give evidence.
The driver's of both vehicles would be liable to be prosecuted for speeding, the 'police' driver dangerous driving (due to the speed) and probably racing on the ph too.
Third parties (not the drivers) could give the evidence, but they, and the accused, could be asked on the stand or S172d.
So, is it solid?
Back to the question, I think it is, but I need to be sure (of which, more later).
There is much case law on the subject, and DVD has posted about several examples.
They can be vary vague, however I am unaware of any where it was found that no NIP at all is O.K.
Now, the background;
I am involved in the defence of a speeding case.
I am confident that we can demolish the police witnesses version of events; however, to do it, I'd need to do a reconstruction and video it.
I'm pretty sure that the soundness of just scaling everything down proportionately would be lost on the mags. In fact, it would favour the police version of events because their acceleration would be proportionately higher at the lower speed of the reconstruction.
To make the evidence admissable, those inolved would have to give evidence.
The driver's of both vehicles would be liable to be prosecuted for speeding, the 'police' driver dangerous driving (due to the speed) and probably racing on the ph too.
Third parties (not the drivers) could give the evidence, but they, and the accused, could be asked on the stand or S172d.
So, is it solid?
Good to see you back JA..
You will be aware that under S 1 RTOA 88 regarding NOIP it blatantly states "within 14 days of the commission of the offence". Nothing mentioned within 14 days of the offence coming to the notice of the prosecutor.So 14 days has to be conformed to.
The only bits I have on non service is under Haughton v Harrison (1976) - where the prosecution rely on "due dilegence" to show NOIP outside time scale then there is no time limit. Generally asscoiated with wrong information re records at DVLA.
Reported in 1980 defendant can waiver failure to comply with S.1. and submit to judgement - see Maxwell "The Intrepration of Statutes" (11th Ed P. 377)
(R v Hughes (1879).
Don't know of anything which states that NOIP need not be served.
DVD
You will be aware that under S 1 RTOA 88 regarding NOIP it blatantly states "within 14 days of the commission of the offence". Nothing mentioned within 14 days of the offence coming to the notice of the prosecutor.So 14 days has to be conformed to.
The only bits I have on non service is under Haughton v Harrison (1976) - where the prosecution rely on "due dilegence" to show NOIP outside time scale then there is no time limit. Generally asscoiated with wrong information re records at DVLA.
Reported in 1980 defendant can waiver failure to comply with S.1. and submit to judgement - see Maxwell "The Intrepration of Statutes" (11th Ed P. 377)
(R v Hughes (1879).
Don't know of anything which states that NOIP need not be served.
DVD
The 14 day NIP rule applies to groups of modern motoring offences. You need to consider the possibility of some old law being dug up that does not have a NIP requirement attached to it. I have a feeling that I know of one, but racking my brains, I haven't yet come up with it. Offenses Against the Person Act 1860 comes to mind, but I can't quite place more than that. I do recall that this provision was used in a case involving injury without direct contact - someone jumped into a ditch or something and hurt themselves. Without more detail, I can't be sure if it's applicable in a case without injury.
This came to light in the case of a certain RP who had a good complaint regarding a police driver without due care and attention (or worse). But the offence on Police video wasn't noticed until well outside the 14 days, so no nip and no prosecution. This old law was considered for a while as an alternative charge. It didn't actually happen. There was no injury in this case.
This came to light in the case of a certain RP who had a good complaint regarding a police driver without due care and attention (or worse). But the offence on Police video wasn't noticed until well outside the 14 days, so no nip and no prosecution. This old law was considered for a while as an alternative charge. It didn't actually happen. There was no injury in this case.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff