Summons for Failing to Stop

cannotfindtheanswer

What are the penalties for failing to stop?

Alias_Omega

Needs to contact the solicitor and turn up at the court before he is convicted in his absence.

Its obviously strong enough for the CPS to take this to court, so i guess the driver has a witness and has given a statement to this fact.

howellers

No NIPs needed if injury is alleged. Also your son was made aware of the investigation by the Police and provided a statement.

Also it depends what offences have been laid against him.

peter_the_piper

Not sure if anyone on here can help but if not also ask on pepipoo.com. There are at least one solicitor on there and a few ex-frontline cops. Use the speeding etc forum.

HO87

First things first, no Notice of Intended Prosecution is required where the allegations stem from an accident (as defined) which is what it is seems is being alleged. The lack of a NIP is irrelevant in this situation. Dependant on the detailed circumstances, the fact that your son was unaware of an accident may be a defence to the fail to stop/report offences.

Secondly, it seems that your solicitor was informed by the police that it was their intention to take no further action. Was he [the solicitor] informed of that in writing? It is possible that if a prosecution has been mounted after your son was informed that no further action would be taken (and there is evidence of that) that this may amount to an abuse of process.

If all that your son did was to attend the police station and provided a written witness statement and is now being summonsed/requisitioned to court then that statement will be inadmissible. I suspect that he was actually interviewed under caution (and possibly reported for summons at the end of the interview) although he was probably invited to attend on the basis that he could provide his "account". The fact that a solicitor is already involved suggests that he attended the police station at the time of your son's interview perhaps? If your son is using him then he should continue to seek advice from him and not, with respect, an internet forum.

There is a common misapprehension that someone must be struck or hit in some way for there to have been an assault. The s.39 offence is common assault and it is sufficient to prove the offence that simple threats were made or even the raising of a fist if the aggrieved believed that the assaulter had the apparently ability to carry out the threat. There need not be any physical contact for this to occur.

By all means go to Pepipoo.com for detailed advice but I suspect that the regulars there (which includes me) will suggest that your sons posts rather than you on the basis that Chinese whispers make for awkward communication.

Oli.s

No furthe action means no further action at that time, the process can be reinstated at any point subject to statuary time limits if applicable.

This is why the police round off a voluntary interview (not under arrest) by advising the person that the matter will be put forward for consideration of them being reported for summons.

If I were your son I would get back to the solicitor and get properly prepared for the court appearance, forewarned is forearmed as they say.

Aretnap

Only a small number of offences require a NIP - off the top of my head dangerous driving, careless driving, speeding, traffic sign offences and dangerous parking. Failure to stop/report does not require a NIP at all, whether or not the driver was aware of the accident, though lack of awareness of the accident can form a defence to the charge itself.

cannotfindtheanswer

Serious MoneySaving Fan
That is very useful and accurately sums up the situation. Many thanks for your help.

cannotfindtheanswer

That really is very useful and gives him some points to follow up. Sincere thanks for your help and time.