Does NIPs have expiry dates?
Discussion
Hi there,
My partner signed an NIP over 3 months ago - and has heard nothing since. It was for being accused of 97 in a 70, and didn't offer the opportunity of a fixed penatly, but warning of intended court action.
It's now end of July (over 3 months later) without any further correspondence.
Does this action / NIP have something like an expiry date if no further action is taklen after X amount of time?
What's likely to happen / normal timescales for such things?
Many thanks,
Joel.
My partner signed an NIP over 3 months ago - and has heard nothing since. It was for being accused of 97 in a 70, and didn't offer the opportunity of a fixed penatly, but warning of intended court action.
It's now end of July (over 3 months later) without any further correspondence.
Does this action / NIP have something like an expiry date if no further action is taklen after X amount of time?
What's likely to happen / normal timescales for such things?
Many thanks,
Joel.
They have six months to lay the papers before the court. As they are a little busy these days they tend to wait till you've breathed a sigh of relief and then serve you 
Looks like another three months of watching postie nervously.
Do not make any contact with them inside of seven months in case you remind them!
Looks like another three months of watching postie nervously.
Do not make any contact with them inside of seven months in case you remind them!
With motoring offences it's easy for the summons to be issued right at the end of the 6 months. For other offences, usually involving, shall we say, less upright citizens, the summons must be issued fairly quickly as the scroates have a habit of disappearing.
So, if your partner were to go and live abroad during this 6 month period, and there is no liability to notify the move abroad, no summons could be served. This happened with my son 3 years ago when he took a 9 month contract to work in France after the NiP had been issued. They never traced him, despite trying to deliver a summons to his last UK address in his absence. So, the summons was never served and, in fact, he was not to know that they even tried (a friend living at the same address after him mentioned it to him).
He's back in the UK now and living a long way from his old address. For £60 they probably won't ever try, or so a buddy of mine in the Met tells me, and have probably deleted it from their system.
So, if your partner were to go and live abroad during this 6 month period, and there is no liability to notify the move abroad, no summons could be served. This happened with my son 3 years ago when he took a 9 month contract to work in France after the NiP had been issued. They never traced him, despite trying to deliver a summons to his last UK address in his absence. So, the summons was never served and, in fact, he was not to know that they even tried (a friend living at the same address after him mentioned it to him).
He's back in the UK now and living a long way from his old address. For £60 they probably won't ever try, or so a buddy of mine in the Met tells me, and have probably deleted it from their system.
I think 'Blackstuff' had his about 3 weeks before it would have become 'time expired'. Someone else said it arrived with only days to spare. Maybe they have a computer system which flags up the need to send the summons if it has not been cleared by the middle of the 5th month. Sort of nasty thing the CPS would do.
The only question I have is really for the BiB on here and it's 'how are such undeliverable summonses dealt with if the accused is abroad working or living?'.
The thing that I find strange is that the NiP's are only sent out'1st Class' Post (an oxymoron if ever there was one), not recorded delivery, and there is no evidence of receipt. This could be because the NiP was never delivered, or the intended recipient was no longer at that address, or was on holiday for a couple of months, or whatever. The next thing, presumably, is a summons for failing to provide the S172 information (i.e. the 'confession under duress'). You can hardly be expected to provide information if you never received the request for it in the first place through no fault of your own. Is this a defence?
The only question I have is really for the BiB on here and it's 'how are such undeliverable summonses dealt with if the accused is abroad working or living?'.
The thing that I find strange is that the NiP's are only sent out'1st Class' Post (an oxymoron if ever there was one), not recorded delivery, and there is no evidence of receipt. This could be because the NiP was never delivered, or the intended recipient was no longer at that address, or was on holiday for a couple of months, or whatever. The next thing, presumably, is a summons for failing to provide the S172 information (i.e. the 'confession under duress'). You can hardly be expected to provide information if you never received the request for it in the first place through no fault of your own. Is this a defence?
May help to understand the process in relation to summary offences i.e. speeding etc as outlined below and still valid as far as I am aware.
When it is apparent that an offence has been committed and a Court hearing becomes necessary then generally a file is submitted containing the evidence to CPS, who, working from a critera, may or may not authorise prosecution. If prosecution is authorised the next step is that CPS will arrange an INFORMATION in writing to be laid (but could be verbal). It is considered laid when it is received at the office of the Clerk to the Justices for the relevant area the offence was committed in.
An Information is a charge made before a Justice to the effect that some person has or is suspected of having committed an offence. (It is the premilinary step towards obtaining a summons). It gives the name, address and occupation of the person charged, a brief outline of the offence alleged together with the time and date the offence was committed and where. Relevant section of law contravened is shown. One signed by the JP or authorised person summons can then be issued.
Again generally for summary offences, an Information has to be laid within 6 months of the offence otherwise a summons can not be issued. For certain offences this time limit is extended to 6 months from the offence coming to the notice of the prosecutor and not more than 3 years. Anything first coming to notice after 3 years then no further action.
Once the information is laid and signed then a summons can be taken out and this does not have time constriction so that if information laid in time summons can be raised/served outside the 6 months.
The suumons will give details, like the information, of the offences charged and the date the information was laid. The time date and place where the hearing is to take place is also shewn. Generally accompanied by certain administrative papers - how to plead, produce Driving Licence, brief evidence of circumtances of offence, etc.
If a summons once raised is not served then there are a number of possibilities. In can remain on file until whenever or can be rescinded by Court as not being possible to serve. The offenders details can also be recorded on certain files kept as being wanted for service of summons and then served if a person comes to the notice of the Authorities at a later date.
If proved at Court that summons has been served but offender does not appear then Bench warrant can be issued (with or without Bail conditions) for collar to be felt to secure attendance.
The only relevance in the process of a NOIP is that it is a piece of paper that HAS TO BE served within 14 days of the commission of certain Traffic Offences. Often combined with the request to name the driver where this is required.
Class dismissed........
DVD
When it is apparent that an offence has been committed and a Court hearing becomes necessary then generally a file is submitted containing the evidence to CPS, who, working from a critera, may or may not authorise prosecution. If prosecution is authorised the next step is that CPS will arrange an INFORMATION in writing to be laid (but could be verbal). It is considered laid when it is received at the office of the Clerk to the Justices for the relevant area the offence was committed in.
An Information is a charge made before a Justice to the effect that some person has or is suspected of having committed an offence. (It is the premilinary step towards obtaining a summons). It gives the name, address and occupation of the person charged, a brief outline of the offence alleged together with the time and date the offence was committed and where. Relevant section of law contravened is shown. One signed by the JP or authorised person summons can then be issued.
Again generally for summary offences, an Information has to be laid within 6 months of the offence otherwise a summons can not be issued. For certain offences this time limit is extended to 6 months from the offence coming to the notice of the prosecutor and not more than 3 years. Anything first coming to notice after 3 years then no further action.
Once the information is laid and signed then a summons can be taken out and this does not have time constriction so that if information laid in time summons can be raised/served outside the 6 months.
The suumons will give details, like the information, of the offences charged and the date the information was laid. The time date and place where the hearing is to take place is also shewn. Generally accompanied by certain administrative papers - how to plead, produce Driving Licence, brief evidence of circumtances of offence, etc.
If a summons once raised is not served then there are a number of possibilities. In can remain on file until whenever or can be rescinded by Court as not being possible to serve. The offenders details can also be recorded on certain files kept as being wanted for service of summons and then served if a person comes to the notice of the Authorities at a later date.
If proved at Court that summons has been served but offender does not appear then Bench warrant can be issued (with or without Bail conditions) for collar to be felt to secure attendance.
The only relevance in the process of a NOIP is that it is a piece of paper that HAS TO BE served within 14 days of the commission of certain Traffic Offences. Often combined with the request to name the driver where this is required.
Class dismissed........
DVD
Can someone please explain, how a NOIP can be legally enforced.
If you were the person driving the car for the offence stated in the NOIP and then return it stating so, you are self incriminating. I thought there were rules/laws/process that meant that you could refuse to supply evidence that incriminated yourself. The Authorities can obtain evidence that proves your guilt, but you do not have to voluntarely supply it.
I'm guessing that all of the above is wrong and that they can request the info, but thought it worth a go.
If you were the person driving the car for the offence stated in the NOIP and then return it stating so, you are self incriminating. I thought there were rules/laws/process that meant that you could refuse to supply evidence that incriminated yourself. The Authorities can obtain evidence that proves your guilt, but you do not have to voluntarely supply it.
I'm guessing that all of the above is wrong and that they can request the info, but thought it worth a go.
Your confusing the issue.
NOIP (Notice of Intended Prosecution) is under Section 1 Road Traffic Offenders Act 1988 and makes a requirement of a warning of prosecution for certain offences within 14 days of having been committed either verbally or in writing.
What you mention, and totally seperate, is duty to give information as to identity of a driver in certain circumstances under section 172, Road Traffic Act 1988, and which at the moment has been authorised by High Court.
DVD
NOIP (Notice of Intended Prosecution) is under Section 1 Road Traffic Offenders Act 1988 and makes a requirement of a warning of prosecution for certain offences within 14 days of having been committed either verbally or in writing.
What you mention, and totally seperate, is duty to give information as to identity of a driver in certain circumstances under section 172, Road Traffic Act 1988, and which at the moment has been authorised by High Court.
DVD
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