What is a Notice of Intended Prosecution?
By Space Coast Daily // September 17, 2019
Typically the prosecution notice can be communicated in numerous forms. It can either be conveyed verbally at the scene of crime, communicated via summons or by means of NIP.
Generally speaking, the last method is the most prevalent and requires the NIP to provide specific information regarding the offense, as well as the time and place where the offense is alleged to have been committed.
And this notice should be served on the motorist or the vehicle owner within 14 days.
But, what is a notice of intended prosecution (NIP)?
The Notice of Intended Prosecution refers to a notification, often issued by the police, indicating that a lawsuit is being considered against an individual. Typically, the document summons the owner of a vehicle or the driver himself to court.
If an offense is recorded without you being barred by a police officer, the police should issue a Notice of Intended Prosecution within a 14-day period. Once they’ve complied with this, there won’t be any time limits for the police to issue further notices.
Methods of Delivery
A Notice of Intended Prosecution (NIP) can be served on the driver in person or through postal service. In case it’s served on a motorist via post, there’s a legal requirement for the Notice to be received within 14 days.
However, if the driver has been involved in a tragic accident, it’s often considered that the occurrence of the accident is noticed in itself. And the motorist should already beware that legal proceedings are being considered against them.
If, for instance, the motorists have changed residence and haven’t informed the DVLA about his or her new address, then the service of the old house’s NIP should be considered service.
If the NIP can’t be delivered due to some reasons caused by the vehicle owner, then the court won’t often consider the NIP rules gratified in favor of the prosecution.
In case the NIP isn’t received by the motorist within the 14-day period, any subsequent prosecution might still be invalid.
Much publicity has recently surrounded the Notice of Intended Prosecution, and numerous cases have been taken to the Higher Appeal Courts through these means.
Once the NIP has been served on a particular driver within 14 days, the summons to court ought to be tabled before the court by the prosecuting body.
And this should be done within six months. After the summons is processed, the defendant will be conducted in due course.
If this isn’t done and the six-month period expires without the case being tabled before the court, then that prosecution could be defective.
The Bottom Line
A Notice of Intended Prosecution is often with a request for the driver’s information. Typically, the appeal places a legal obligation on the motorist to provide details about the vehicle and the committed offense.
That’s why you ought to understand everything regarding this type of notice to avoid mixing things up. With the above guidelines at your fingertips, you’ll be good to go!
CLICK HERE FOR BREVARD COUNTY NEWS