Author Topic: How specific must a NIP be?  (Read 464 times)

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How specific must a NIP be?
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I've been having a discussion elsewhere about the specific details a NIP must provide. It arose when someone received a s172 request and a NIP for an alleged mobile phone offence. The discussion turned to him possibly being prosecuted for Careless Driving or "not in proper control".

Although, of course, a NIP is not required for a mobile phone offence, he has been served with one. The debate is whether that NIP would suffice if the allegation was changed.

The RTOA states that the NIP must specify the "nature of the offence and the time and place where it occurred". My view is that the NIP for a phone offence would suffice.

I can't find any case law, so does anybody have any views?

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Re: How specific must a NIP be?
« Reply #1 on: »
The legislative purpose of the requirement to serve a NIP is to enable the accused to identify and recall the incident in question while it is still relatively fresh in his mind, and to potentially enable him to gather and preserve any evidence that might assist any defence.

Whilst the requirement to serve a NIP within the 14 days (where applicable) is mandatory, the required details are merely directory.

The above is mostly my synopsis of Pope v Clarke - before the RTA exception was added to the statute, driver hit a lorry, spoken to by the police but not warned he might be prosecuted, subsequently received a NIP describing the nature and location of the incident but with the time several hours out.

Whether the nature of the offence was adequately identified would be a matter of fact and degree, and should be determined with regard to the above. N.B. the nature of the alleged offence does not need to include the specific offence being prosecuted (and in some cases, it would appear to be arguable that a specific offence such as careless driving would be too vague to convey the nature of the allegation).

If the nature of the offence is using a hand-held mobile phone while driving, and that is conveyed by the NIP, job done.
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Re: How specific must a NIP be?
« Reply #2 on: »
Thanks Andy. I'm in agreement and I also made the point that being warned of a phone offence rather than a vague "careless driving" accusation actually is an advantage to the recipient.