Timing is Everything

Rhys Rosser • October 9, 2019

If you've not received a warning within 14 days - you could have an absolute defence!

The question I am asked most often is whether or not there is a time limit for the Police to start proceedings for a driving offence. The simple answer is yes!

It is a requirement that within 14 days of an offence being committed, either the driver or the registered keeper must be warned that they may be prosecuted. There are three ways that this can be done:

1.At the time of the offence, the driver is warned that there will be a consideration of prosecuting for an offence;

2.A summons is served within 14 days on the driver;

3.A Notice of Intended Prosecution (Section 172 note) is served on the driver or the registered keeper (by first class post, direct delivery or addressing and leaving at the address).

If the warning is given by way of a Notice of Intended Prosecution (NIP) then it must say what the offence is as well as when and where it happened.

You should be aware that there are certain situations where this does not apply:

-Where an accident has taken place;

-A fixed penalty notice has been given;

-The name and address of the registered keeper/the driver could have been obtained with ‘reasonable diligence’ (i.e. they couldn’t find out the name of the driver or registered keeper in time);

-The driver contributed to the failure to being identified.

This 14-day requirement is absolute, however, there is a presumption that it is complied with. This means that as the Defendant, the onus is on you to show that it hasn’t been complied with. For this reason, it’s vitally important that you seek legal advice.

In summary, if you have received a Notice of Intended Prosecution more than 14 days after your offence was committed, then you may have an absolute defence. Contact me now to arrange a fixed fee conference of for me to draft a letter on your behalf.

Fill in the Below to Contact Rhys and to obtain legal advice

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