The most common instance will arise when an offence is alleged to have been committed. The Police will usually serve a notice on the registered keeper of a vehicle to identify the driver on a stipulated occasion. These notices usually encompass a Notice of Intended prosecution.
The following offences require you to be given notice of intended prosecution:
- Dangerous or careless driving/cycling
- Leaving a vehicle in a dangerous place
- Failing to conform with the indication of a police officer directing traffic or with a traffic sign
How is a Notice of Intended Prosecution Given?
They can either be given verbally by the Police when they find someone committing an offence or most usually in writing after an incident. There are strict time deadlines for the service of these notices which are designed to assist the memory of a person in order that they can be made aware of an investigation and possible prosecution. They do not have to be served following accidents.
What should I do if I receive such a notice?
Before responding to a written notice you should take legal advice without delay to ensure that you comply with any time deadline in the notice. Please contact our solicitors if you receive such a notice.