NoIP lack of clear statement of the offence
NoIP lack of clear statement of the offence
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7db

6,060 posts

260 months

Friday 15th September 2006
quotequote all
Think it's the Road Traffic Regulation Act 1984 which defines speeding. "Excess speed" is enough for the ticket, however.

Edited to add:- there's not ambiguity there -- ie no need to quote the exact Act in the ticket to be clear on what the charge is.

Edited by 7db on Friday 15th September 13:19

Dwight VanDriver

6,583 posts

274 months

Friday 15th September 2006
quotequote all
The purpose of the NOIP is to bring to the attention of an offender the possibility
of a prosecution in the future. Being so warned in the 14 days he should be aware of what has and is going on so that he can marshall his forces and prepare his defence.
There is no need at law for the who summons heading to be entered on the NOIP. AS stated 'excessive speed' means that they are looking at that area.

dvd

Edited by Dwight VanDriver on Friday 15th September 14:33

vonhosen

40,597 posts

247 months

Friday 15th September 2006
quotequote all
Indeed.

Where a verbal NIP is given the officer wouldn't have to quote act & section of trangression. Merely that you have been reported for the question to be considered of prosecuting you for the offence of excess speed.

7db

6,060 posts

260 months

Saturday 16th September 2006
quotequote all
COFP isn't a request to plead guilty to a court, it's an offer of a fixed penalty instead of appearing at a court to plead either guilty or not guilty, and as such is just a punishment, not a conviction...