Difference between a NIP (notice of intended prosecution) and a Section 172?

KamTash1

Hi,

- Can someone explain to me the difference between a NIP and S172?
- Where does a using a mobile phone whilst driving come into it? (is this a NIP or S172).

- Someone has told me that a NIP has 14 days to arrive but a S172 has no time limit. If a S172 is to be given - how long is this likely to take to arrive?

The driver was not stopped for using their phone while driving so a NIP or S172 was not given verbally.

What is likely to happen next?

Thank you all.

Kam

Car_54

A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days.


A s172 request (for the driver's identity) usually accompanies the NIP (it may even be on the same piece of paper). It can be sent to anyone, with no time limit, except that there is no point in sending one if the time limit for prosecution has expired.


For the mobile phone offence, there is no requirement for a NIP. If the driver wasn't stopped at the time an s172 request will have to be sent, probably with a NIP, but not subject to the 14-day limit.


What happens next - pass the crystal ball! Possibly nothing.


If you were seen, you may receive a NIP or s172 request, but there is no 14-day limit.

waamo

For a mobile phone the prosecution would have to be initiated within 6 months of the offence.

KamTash1

Car_54 wrote: »

A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days.


A s172 request (for the driver's identity) usually accompanies the NIP (it may even be on the same piece of paper). It can be sent to anyone, with no time limit, except that there is no point in sending one if the time limit for prosecution has expired.


For the mobile phone offence, there is no requirement for a NIP. If the driver wasn't stopped at the time an s172 request will have to be sent, probably with a NIP, but not subject to the 14-day limit.


What happens next - pass the crystal ball! Possibly nothing.


If you were seen, you may receive a NIP or s172 request, but there is no 14-day limit.

Thanks for the information, is there anywhere I could read up on this?
One of the other responses said 6 months so just wondered if I could read up on it somewhere?

Thanks again,

KamTash1

waamo wrote: »

For a mobile phone the prosecution would have to be initiated within 6 months of the offence.

Thanks for the information, is there anywhere I could read up on this?
One of the other responses said their is no time limit so just wondered if I could read up on it somewhere?

Thanks again,

waamo

KamTash1 wrote: »

Thanks for the information, is there anywhere I could read up on this?
One of the other responses said their is no time limit so just wondered if I could read up on it somewhere?

Thanks again,

Here you go http://www.legislation.gov.uk/ukpga/1980/43/contents

Car_54

KamTash1 wrote: »

Thanks for the information, is there anywhere I could read up on this?
One of the other responses said their is no time limit so just wondered if I could read up on it somewhere?

Thanks again,

The only relevant time limit is that court proceedings must be started within six months of the offence. You would receive a summons or notice shortly after that.


To start proceedings they need to know who to prosecute, so you would be sent a s.172 before that, but there is no specific time limit.


In practice, the likelihood is that the NIP/s.172 would be sent soon, and the offer of a fixed penalty would result

KamTash1

Car_54 wrote: »

The only relevant time limit is that court proceedings must be started within six months of the offence. You would receive a summons or notice shortly after that.


To start proceedings they need to know who to prosecute, so you would be sent a s.172 before that, but there is no specific time limit.


In practice, the likelihood is that the NIP/s.172 would be sent soon, and the offer of a fixed penalty would result

thanks - sorry if i sound dumb, but when you say soon - how much time realistically? Are we looking more of a couple of weeks, or closer to the 6 months mark (if known).

Car_54

KamTash1 wrote: »

thanks - sorry if i sound dumb, but when you say soon - how much time realistically? Are we looking more of a couple of weeks, or closer to the 6 months mark (if known).

There seems no earthly reason for them to delay, so I'd expect you (or more accurately the registered keeper) to hear within 2-3 weeks. But really no-one knows.

AndyMc.....

KamTash1 wrote: »

thanks - sorry if i sound dumb, but when you say soon - how much time realistically? Are we looking more of a couple of weeks, or closer to the 6 months mark (if known).

You'd save yourself a lot of worry by not using the phone when driving.

DoaM

AndyMc..... wrote: »

You'd save yourself a lot of worry by not using the phone when driving.

And also by sticking to the one thread - there was no need for this new thread about the same incident.

https://forums.moneysavingexpert.com/discussion/5960772/using-mobile-phone-whilst-driving