Notice of Intended Prosecution
Receiving a Notice of Intended Prosecution is always a stressful experience, especially if you are not expecting it. A Notice of Intended Prosecution is a legal requirement if the police want to prosecute a driver for the most common driving offences. This includes:
- Careless Driving
- Speeding
- Red Light Offences
- Dangerous Driving
If you are suspected of having committed a driving offence, the police must issue you with a Notice of Intended Prosecution within 14 days, unless you were warned verbally by a police officer at the scene of the offence that you may be subject to prosecution. The Notice will usually require you to inform the police who was driving the vehicle at the time of the suspected offence.
Failing to respond to the Notice or failure to provide the driver details may be considered as an offence of Failing to Provide Driver Information – a separate criminal offence in itself which can carry a fine and 6 penalty points for the offence code MS90. Strict time limits apply so you should seek immediate legal advice from a motoring lawyer.
If you are suspected of having committed a driving offence for which a Notice of Prosecution is required, and you do not receive the Notice within 14 days, or the Notice is sent to the wrong address, depending on the circumstances it may be that the prosecution is rendered invalid. The law on this area is complex, and you should always seek advice from a motoring lawyer if you intend to challenge the validity of a Notice of Intended Prosecution.
We are commonly asked to represent drivers where the paperwork has not been received, a driver could not be located or where the police have not received the completed letter. We can help you respond to the Notice of Intended Prosecution, Single Justice Procedure Notice or to make a Statutory Declaration where the case has been dealt with in absence.
Our team are motoring law experts – call today for a free initial consultation on 01332 987420 or email info@smithbowyerclarke.co.uk
