A notice of intended prosecution, usually shortened to NIP, is a formal letter from the police warning you that you may be prosecuted for a motoring offence. Receiving one can be alarming, but it isn’t a conviction or even a formal charge. It’s simply the first step in a process that gives you a chance to respond before any decision is made.
In this guide, our driving offence solicitors explain what a notice of intended prosecution actually means, when the police have to send one, and what you need to do once it lands on your doormat.
Why Are Notices of Intended Prosecution Sent?
The legal basis for a notice of intended prosecution comes from section 1 of the Road Traffic Offenders Act 1988. For certain offences, the law says nobody can be convicted unless they were warned about the possibility of prosecution, either at the time of the incident or in writing shortly afterwards. This gives drivers a fair chance to remember the details of what happened and gather any evidence while the incident is still fresh.
Common offences that trigger a notice of intended prosecution include:
- Speeding
- Dangerous or careless driving
- Failing to comply with traffic lights or signs
- Failing to stop or report an accident
Not every motoring offence requires a notice of intended prosecution. Offences such as driving without insurance or driving otherwise than in accordance with a licence don’t carry the same requirement. The law treats these differently from offences that rely on the driver’s own recollection of a specific moment on the road.
How Long Does The Police Have To Send A Notice?
In most cases, the police must send the notice of intended prosecution within 14 days of the alleged offence. This can be a verbal warning from a police officer given at the roadside, or a written notice posted to the registered keeper of the vehicle. If an officer tells you at the scene that you may be reported for an offence, that verbal warning satisfies the requirement on its own.
No separate written notice needs to follow within the 14 days in that case. If the notice is posted so that it should arrive within the 14 day window, that’s usually treated as sufficient, even if it’s actually delivered slightly later. A notice sent by first class post to your last known address is generally treated as served, even if you never actually receive it. Keeping your details up to date with the DVLA matters more than many drivers realise for exactly this reason.
There are exceptions to the 14 day rule. If the vehicle is leased, hired, or owned by a company, the first notice often goes to the leasing company or employer. That organisation must then identify the driver, which means the actual driver may receive their own notice well after the 14 days have passed. The same applies if the police genuinely couldn’t identify the registered keeper in time, for example where DVLA records were incomplete.
What Is The Difference Between An NIP And A Section 172 Notice?
A Notice of Intended Prosecution (NIP) and a Section 172 notice are separate legal requirements, although they are often sent together in the same letter.
The NIP is a formal warning that the police are considering prosecuting the driver for an alleged road traffic offence, such as speeding or dangerous driving. It gives the recipient notice of the alleged offence and the circumstances in which it is said to have occurred.
The Section 172 notice, meanwhile, requires the registered keeper or another person in receipt of the notice to provide information identifying who was driving the vehicle at the relevant time. This requirement arises under Section 172 of the Road Traffic Act 1988 and must generally be complied with within the specified timeframe.
The distinction is important because responding to the Section 172 notice does not necessarily mean you have accepted the offence described in the NIP. Equally, the NIP itself does not satisfy the requirement to identify the driver.
Failing to respond to a Section 172 notice without a lawful excuse can result in a separate offence, potentially carrying penalty points and a fine. If you’ve received an NIP and Section 172 notice, it’s important to understand exactly what you’re being asked to do before responding.
What Happens If You Don’t Respond?
You must return the section 172 request within 28 days, confirming who was driving at the time of the alleged offence. Failing to do this is a separate criminal offence in its own right, regardless of whether you were actually guilty of the original driving matter.
A conviction for failing to provide driver details carries 6 penalty points and a fine of up to £1,000. This applies even if you intend to dispute the underlying offence, so it’s important to respond to the driver information request while you challenge the allegation separately.
Deliberately giving false information about who was driving is treated far more seriously than simply missing the deadline, and can result in a custodial sentence in serious cases.
Does Receiving A Notice Mean You’ll Definitely Be Prosecuted?
You may be asking, does getting an NIP mean you’re automatically going to court? Not necessarily. Once the police have your response, they typically offer one of a few outcomes depending on the offence and your record.
These can include a fixed penalty notice with points and a fine, an offer to attend a driver awareness course if you’re eligible, or a summons to appear before a court. Receiving the notice simply keeps the option of prosecution open while the police decide how to proceed.
Can You Challenge A Notice of Intended Prosecution?
Yes, in certain circumstances. If the notice wasn’t sent within the required 14 days and none of the recognised exceptions apply, this can affect whether the prosecution is able to proceed at all.
Minor errors on the notice, such as small mistakes in the details, don’t usually make it invalid unless they would genuinely mislead the recipient. If you believe you weren’t the driver, or the notice was served incorrectly, it’s worth speaking to our team before responding, since how you reply can affect your options later.
What Should You Do If You Receive A Notice of Intended Prosecution?
Check the date on the notice against the date of the alleged offence to see whether the 14 day requirement was met. It’s also worth gathering any evidence that might help your case while the details are still fresh, such as dashcam footage, photographs of the location, or the names of any witnesses. This is exactly the kind of evidence the notice period is designed to give you time to collect.
Acting early, rather than waiting until closer to a court date, puts you in a stronger position. If you’re unsure whether to accept a fixed penalty or contest the matter in court, get legal advice before the deadline rather than after it, since your options can narrow once you’ve responded.
How Our Driving Offence Solicitors Can Help
Receiving a Notice of Intended Prosecution can be the first step in what may become a complex legal process, particularly if you are unsure what the notice means, who is required to respond, or what could happen next. Understanding the difference between the NIP and the Section 172 driver information request is important, but so is knowing how to protect your position from the outset.
Our driving offence solicitors have represented clients across London and England in a wide range of road traffic matters, advising from the initial notice through to court proceedings where necessary. Whether you are facing an allegation of speeding, careless driving, dangerous driving or another motoring offence, we can assess the circumstances of your case and explain your options.
If you’ve received a Notice of Intended Prosecution, don’t leave it until you’re facing a court hearing to seek advice. Get in touch with our team today to arrange an initial consultation and find out how we can help.
