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How long after a road accident do police have to inform a motorist of an intention to prosecute ?
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It can be served on the motorist in person or by way of postal service. If the NIP has been served on a motorist by post, there is a legal requirement for this Notice to be received within a (14) fourteen day period.
However, if the motorist has been involved in an ACCIDENT, it is considered that the fact that the accident has happened is notice in itself. In these circumstances, the motorist should already know that proceedings are being considered against him or her. If, for example, the motorist has moved house but not told the DVLA his or her new address, then service of the NIP to the old house should be considered service.
If for some other reason caused by the keeper of the vehicle the NIP cannot be delivered, then the court will often consider the NIP rules satisfied in favour of the prosecution.
If you are being prosecuted for a motoring offence and would like to be represented, please have your NIP or summons ready when you call us.
If the NIP is not received by a motorist within 14 days, any subsequent prosecution may be invalid.
The Road Traffic Offenders Act 1988 requires for there to be notice given to a motorist for the fact that he/she may be prosecuted. The following offences require a notice of intended prosecution:
•Dangerous driving
•Driving without due care and attention
•Speeding offences
However, if the motorist has been involved in an ACCIDENT, it is considered that the fact that the accident has happened is notice in itself. In these circumstances, the motorist should already know that proceedings are being considered against him or her. If, for example, the motorist has moved house but not told the DVLA his or her new address, then service of the NIP to the old house should be considered service.
If for some other reason caused by the keeper of the vehicle the NIP cannot be delivered, then the court will often consider the NIP rules satisfied in favour of the prosecution.
If you are being prosecuted for a motoring offence and would like to be represented, please have your NIP or summons ready when you call us.
If the NIP is not received by a motorist within 14 days, any subsequent prosecution may be invalid.
The Road Traffic Offenders Act 1988 requires for there to be notice given to a motorist for the fact that he/she may be prosecuted. The following offences require a notice of intended prosecution:
•Dangerous driving
•Driving without due care and attention
•Speeding offences
Ok just to clarify as the poster will be confused:
Q: How long after a road accident do police have to inform a motorist of an intention to prosecute ?
A: 14 days
Section 1 of the Road Traffic Act requires that for certain offences:
The Defendant must have been warned at the time of the possibility of prosecution for the offence.
OR
The Defendant must have been served with the summons within 14 days of the offence.
OR
Notice of the possibility of the prosecution must have been sent to the prosecutor within 14 days of the offence either to the driver or to the registered keeper of the vehicle.
If the police attended the accident and you were fit to be spoken to, they will conduct a quick interview to get your version of events etc, they would normally warn you that you may be prosecuted for any offences disclosed. This is accepted as being sufficient to comply with the 14 day warning rule.
If there is evidence that the driver committed a traffic offence and the offence is 'summary only' then the police have 6 months to lay the info before a court and you will receive a summons. (usually within a month or two).
If there is no evidence of any offences then you should be informed in writing that no further action is beng taken etc.
Case Law
Gibson v Dalton [1980] RTR 410:
“The obligation on the prosecutor is to warn the accused, not merely to address a warning to him or to a give a warning. The mischief to which this section is directed is clear. It is that motorists are entitled to have it brought to their attention at a relatively early stage there is likely to be a prosecution in order that they may recall and, it may be, record the facts as they occurred at the time…But a warning which does not get through to the accused person is of no value at all”.
Q: How long after a road accident do police have to inform a motorist of an intention to prosecute ?
A: 14 days
Section 1 of the Road Traffic Act requires that for certain offences:
The Defendant must have been warned at the time of the possibility of prosecution for the offence.
OR
The Defendant must have been served with the summons within 14 days of the offence.
OR
Notice of the possibility of the prosecution must have been sent to the prosecutor within 14 days of the offence either to the driver or to the registered keeper of the vehicle.
If the police attended the accident and you were fit to be spoken to, they will conduct a quick interview to get your version of events etc, they would normally warn you that you may be prosecuted for any offences disclosed. This is accepted as being sufficient to comply with the 14 day warning rule.
If there is evidence that the driver committed a traffic offence and the offence is 'summary only' then the police have 6 months to lay the info before a court and you will receive a summons. (usually within a month or two).
If there is no evidence of any offences then you should be informed in writing that no further action is beng taken etc.
Case Law
Gibson v Dalton [1980] RTR 410:
“The obligation on the prosecutor is to warn the accused, not merely to address a warning to him or to a give a warning. The mischief to which this section is directed is clear. It is that motorists are entitled to have it brought to their attention at a relatively early stage there is likely to be a prosecution in order that they may recall and, it may be, record the facts as they occurred at the time…But a warning which does not get through to the accused person is of no value at all”.
Just a point of pedantry about exdc's excellent summary:
The NIP (when sent by post) does not necessarily have to be received within 14 days (or indeed received at all). All the prosecution has to show is that it was sent so that in normal circumstances it could be expected to be received within 14 days of the alleged offence. A driver cannot necessarily evade prosecution for a summary offence if the NIP was not received within 14 days (because of, say, postal delays). If the prosecution can show it was sent in time then the process would normally be allowed to continue. The six months time limit for "laying an information" before the court, however, is absolute.
The NIP (when sent by post) does not necessarily have to be received within 14 days (or indeed received at all). All the prosecution has to show is that it was sent so that in normal circumstances it could be expected to be received within 14 days of the alleged offence. A driver cannot necessarily evade prosecution for a summary offence if the NIP was not received within 14 days (because of, say, postal delays). If the prosecution can show it was sent in time then the process would normally be allowed to continue. The six months time limit for "laying an information" before the court, however, is absolute.
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