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Notice of Intended Prosecution (NIP)

A Notice of Intended Prosecution (NIP) is a formal notification issued under the Road Traffic Offenders Act 1988. Before certain road traffic offences can be prosecuted, specific legal requirements must be met.

For a prosecution to proceed, one of the following must occur:

You were warned about the possibility of prosecution at the time the alleged offence occurred.
You were served with a summons or charged with the offence within 14 days of the incident.
Within 14 days of the offence, you (or the registered keeper of the vehicle) were sent a NIP specifying:

The nature of the alleged offence.
The time and place where it is alleged to have occurred.

To Which Offences Does a Notice of Intended Prosecution (NIP) Apply?

A NIP must be issued for the following offences:

Speeding, including motorway offences and temporary speed restrictions.
Dangerous driving.
Careless or inconsiderate driving.
Leaving a vehicle in a dangerous position.
Failure to comply with traffic signs or directions.

If an accident occurred at the time of or immediately after the alleged offence, involving the vehicle in question, there is no requirement for a NIP to be issued.

What if the Notice of Intended Prosecution (NIP) Is Defective?

If you receive a NIP, it is essential to seek legal advice immediately as it is not uncommon for NIPs to contain errors or to have been issued improperly, including:

Defects in the content of the notice.
Delays in serving the notice beyond the 14-day limit.

If the NIP is defective, this could provide a valid defence to the original offence.

Even if the NIP is defective, you are still legally required to provide the details of the driver as requested. Failure to do so may result in a separate prosecution for failing to name the driver, which carries its own penalties.

How Can DJMS Solicitors Help?

If you have received a Notice of Intended Prosecution, contact us immediately for expert legal advice. We have a record of successfully defending clients and ensuring the best possible outcomes. Whether identifying a robust defence, challenging the prosecution’s case, or arguing for a particular expert’s evidence to be considered, we are here to provide expert legal support every step of the way. Our team has represented a wide range of private and professional motorists, including taxi and HGV drivers.

DJMS’ expert motor offence lawyers can represent you at the police station interview, even if you attend voluntarily. We can also advise on whether Legal Aid may be available to defend your case.