If you are not stopped at the time of offence i.e camera, do the Police HAVE to issue a NIP first? From what I can find you are entitled to one but unsure if they are obliged to give one.
IIRC its dependant on speed and what you are being reported for ie twice the limit - dangerous driving etc
Mark, I found this below on CPS website. And i;ve also found "Where a summons is issued rather than a fixed Penalty Notice there is no need to issue a NIP." Speed Enforcement The Association of Chief Police Officers (ACPO) has issued speed enforcement policy guidance, which suggests that enforcement will normally occur when a driver exceeds the speed limit by a particular margin. This is normally 10 per cent over the speed limit plus 2 mph. It also sets guidelines for when it would not be appropriate to issue a fixed penalty notice but to issue a summons instead (see below). Note that these are guidelines and that a police officer has discretion to act outside of them providing he acts fairly, consistently and proportionately. Speed limit: 20 mph ACPO charging threshold: 24 mph Summons: 35 mph Speed limit: 30 mph ACPO charging threshold: 35 mph Summons: 50 mph Speed limit: 40 mph ACPO charging threshold: 46 mph Summons: 66 mph Speed limit: 50 mph ACPO charging threshold: 57 mph Summons: 76 mph Speed limit: 60 mph ACPO charging threshold: 68 mph Summons: 86 mph Speed limit: 70 mph ACPO charging threshold: 79 mph Summons: 96 mph
If you aren't stopped at the roadside my understanding is that you should ALWAYS receive a NIP as the CPS needs to know who was driving the car. It's be a waste of time and public funds/resource surely to issue a summons immediately to the registered keeper to only then find out when attending court that they weren't the driver...? Been a long time since I got a NIP (thankfully) so I'm not saying that as gospel though...
as per woody….if you have been speeding and are stopped for that offence ,if it falls within the Guidelines of the officer, he will issue a NIP . If its issued for being in excess of the guidelines speed expect a summons . He will tell you there and then what he is issuing
Read through this mate. Explains when one must be issued. http://www.marymonson.co.uk/motoring-solicitors/notice-of-intended-prosecution/ Feel free to ring me if you want to. :thumbsup:
