Prosecution time limit
Author
Discussion

Heebeegeetee

Original Poster:

29,798 posts

269 months

Monday 12th January 2004
quotequote all
Evening all,
I understand that a prosecution for a speed offence must take place within 6 months of the offence. Indeed, this is what I have been told by someone who purports to know, but I recall those rally drivers on the Rally GB being prosecuted a year after their offences.
Is there a time during which the offender must have a NIP served on him?

My situation is: I set off a camera about 4.5 months ago. Heard nowt untill last month, when my wife, who is the registered keeper recieves a summons! The nature of the documentation is quite intimidating. Its also a load of nonsense, IMO, including my wifes name spelt incorrectly on one of the documents she needs to sign.

The original court hearing, next month, will be more than 6 months since I committed the offence. I doubt that they will even be able to send me a NIP within 6 months of the offence.

Where do I/we stand?

t-c

198 posts

279 months

Monday 12th January 2004
quotequote all
Information has to be laid before the court within 6 months of the alleged offence having been committed, but the summons may issued at some stage after this.

So it is possible, and I have known cases to come up before the court 9 - 12 months after the alleged offence, but the information will still have beenlaid within the 6 month period.

If the offence was caught on camera, then an NIP must be sent out within 14 days of the alleged offence but you don't have to receive it within 14 days, as it may have been sent to the registered keeper for example and it may be a company car, but if you are stopped, then a verbal NIP will be given and therefore eliminate the need for a written one to be sent out.

bogie

16,861 posts

293 months

Tuesday 13th January 2004
quotequote all
Ive been wondering about this too - its been over a year since my offence, got the NIP, 3 or 4 letters each way (went down the not signing route)bang on the 6 month limit got an offer of Fixed Penalty (even though they have nothing with my sig and the letter prior to that had threatened prosection for nto providing details!)..another 6 months have gone by now - 12 months since offence...and still nothing...wondering if Im off the hook yet

g_monkey

4 posts

264 months

Tuesday 13th January 2004
quotequote all
I was stopped last night for breaking the speed limit. Was on country roads (big new ones with no other vehicles), Police man said I was doing 65-80. Once in the car, they didn't show me any proof of my offence (camera, speedo etc).

On production of my license, they asked me if I had any points, I said yes - three (from a camera 2.5 years ago). One of them said I'll have six points now.

I then got a telling off and acted very sorry etc. They then said, OK, you can go, have a safe journey etc.

What form should the verbal NIP take when you are stopped? I wasn't given any kind of documentation or what I would call a verbal NIP. I didn't see him noting down my license details and I didn't get asked to sign anything. Could I still get a NIP in the post or do you think they were satisfied by my grovelling etc...?

Thanks in advance..

t-c

198 posts

279 months

Tuesday 13th January 2004
quotequote all
The verbal NIP

"You will be reported for consideration of the question of prosecuting you for the offence of excess speed".

That is it and will then be followed by the long or formal caution "You are not obliged to say anything........................."

g_monkey

4 posts

264 months

Tuesday 13th January 2004
quotequote all
So if they didn't give me the verbal NIP does that mean they don't intend to prosecute and they were satisfied with my grovels?

Does anyone have firsthand experience of this?

m-five

12,004 posts

305 months

Tuesday 13th January 2004
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I bet you can't prove that they didn't recieve a verbal NIP through can you.

g_monkey

4 posts

264 months

Tuesday 13th January 2004
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true...

Dwight VanDriver

6,583 posts

265 months

Tuesday 13th January 2004
quotequote all
Mr Plod didn't take any details of you so how are they going to issue process?

Say Halliluyah and thank you for the warning Mr Plod.

DVD

g_monkey

4 posts

264 months

Tuesday 13th January 2004
quotequote all
They have my vehicle reg..