NIP wrong location

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Alan6996 said:

if they can’t amend the NIP after 14 days 
how can they amend it in court ?

TooManyPoints explained how this effectively technical defence works.

The Police can amend the NIP and issue a new corrected one but it would invalidate the original, and must therefore be served within 14 days of the offence- hence not drawing attention to the mistake within the 14 day window.  If they issue the corrected NIP after 14 days, then he would still have to comply with the requirements of S172 and name himself as the driver (or face prosecution for failing to name the driver) but they cannot prosecute the speeding charge because the first valid NIP must be received within 14 days.

In general the prosecution can amend the detail of Court charges provided that the offence is the same, it is in the interests of Justice and the accused was not materially misled by the incorrect detail. (Normally unlikely, but an example would be a completely wrong date causing someone to name themself as the driver because it was Monday when it was actually a Tuesday and their partner always drives that route on a Tuesday)

It wouldn't be in the interests of Justice if a murderer was found not guilty because the murder was alleged to have happened on Busy Street, but it actually happened on Busy Road, someone's watch was still on GMT or they had misspelled the accused's name.

In this case the OP needs the prosecution to fail because the Police did not comply with the requirements of the Law when they issued the NIP, so the whole prosecution becomes unlawful.

If his defence (which he must outline prior to the hearing) is that he wasn't speeding on Park Road because he was speeding on Bridges Place, then they can simply amend the location on the charge, and the fact that the charge should not exist remains unchallenged.

Alan6996

Update 

Good morning,

Thank you for your recent correspondence, relating to the above alleged offence.

The site location on the alleged offence has been reviewed and on this occasion, it has been decided that no further action will be taken in this matter.

The alleged offence has now been cancelled

Regards

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