Pulled by unmarked Audi........

[ikarl]

Stand to be corrected, but from experience if they are going to charge you, then they will issue with an NIP at the time, which if you were within a certain speed band for the road will be a fixed 3 points, £60 fine, payable within 14 days if you do not contest it.

If you are above that band, ie 95-100 on a 70, you will be charged and issued with a NIP which will be a Court Summons at a later date, and you will learn your fate there. Above 100 usually a charge of dangerous driving and a Court case.

As far as I know, if you were not charged at the time and read your rights, you will hear nothing else from it. It seems a bit vague Neil, either they gave you a warning for being a bad boy, don't do it again, or one of the above would apply. Been there often enough, and this has always been the case.

tut

Tut, there are no requirements to issue any paperwork at the side of the road as they have already given him his NIP (they have verbally gave him Notice that they Intend to Prosecute - that will suffice)

Three options now -
1) hears nothing else (best case scenario)
2) gets FPN (fixed penalty notice) for speeding (would probably take if everything looks in order)
3) gets a letter from the court in x months time advising what he is charged with

Unfortunately he will now have to wait. If papers are laid at a court he will be advised what he is charged with (Dangerous Driving is the only offence where you will be able to get Legal Aid) so he can then plead guilty or not guilty based on the charge. If he pleads guilty he will be offered the appropriate points / discounted fine for pleading early. If he decides to plead not guilty, he will then (and only then) be able to see the officers statements and video recordings.

Karl

[tut]

Still trying to work this out Karl so bear with me.

If he was not issued with a NIP chit then has he missed the lowest charge? He would have to receive this to be able to post it back within 14 days together with a cheque and acceptance of the points, or can they actually post it within the next few days. That would not fit in with them saying that he will be reported to the PF, this would take too long and I presume that the minimum NIP is purely produced by the police officer and does not go through the PF's office.

tut

[ikarl]

Still trying to work this out Karl so bear with me.

If he was not issued with a NIP chit then has he missed the lowest charge? He would have to receive this to be able to post it back within 14 days together with a cheque and acceptance of the points, or can they actually post it within the next few days. That would not fit in with them saying that he will be reported to the PF, this would take too long and I presume that the minimum NIP is purely produced by the police officer and does not go through the PF's office.

tut

Hi Tut, unfortunately no paperwork has to change hands at a roadside stop. He has been NIP'd at the side of the road.

Normally if you are driving your car and you get flashed the 1st thing you receive is an S172 requesting info of who was driving (This is the Notice of Intended Prosecution). As the offciers stopped and spoke to him that is the NIP dealt with.

I would presume* that given his own statement earlier in the thread that they have deemed his driving either too fast for a roadside penalty notice (like you would get for doing 35 in a 30) or careless/reckless/dangerous. They have therefore advised him that they will report to the PF who will then decide (based on the officers statement) whether to procede to court.
*I think he has missed the lowest charge*
The PF have 6 months to lay the papers with the court. (they would do this for careless/reckless/dangerous or for example 95+ in a 70)

In some cases the officer will get back in and decide that they can deal with the 'offence' by FPN and then send the FPN to the owners address. They will only do this if they latterly decide they were pretty harsh on the driver (very rare imho)

[Andy G]

sorry but I have to disagree and hopefully Shug will confirm...... but you now have the '6 month' wait (unless they decide to deal with it by fixed penalty (although i doubt it from what you've said)) as they have already given him his NIP at the side of the road
Karl

They have 14 days to inform you of a potential prosecution NIP from what they explained to me. That in itself just allows them to have the option of prosecution if they wish to pursue it.

He didnt get any paperwork though. The NIP comes from the procurator?

[ikarl]

Andy

The Police Officers advised him at the side of the road that they intended to prosecute. That is the NIP dealt with.

The question is, is Neil aware that they intend to prosecute? the answer has to be 'Yes' because that is what they told him. No paperwork is required.

[Andy G]

Karl

All i'm giving here is my experience of having something similar happen 2 months ago.

I'm not prentending to know this inside out, nor have i spoken to Neil for the specifics of the event.

[shooomer]

Agree with ikarl
Bad news Neil Was it just speeding? Have you any points already?

[meatball]

I assume they will have been traffic so he will have been given a warning at the side of the road in terms of section 1 road offenders act 1988. No NIP required.

[GregR]

Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—

(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration,

[Noops]

I'm on my bbry just now I will pop on later and discus further, cheers for the replys there is some usfull info

[tut]

Neil, people like Karl or meatball would be able give you more info if you let them know the reported speed, and the road speed limit at the time.

It would then be easy to put it in a bracket to see if there is a chance that you will not hear anymore. If however you really put your foot down, then it would be a different matter.

tut

[ruadh08]

Karl

All i'm giving here is my experience of having something similar happen 2 months ago.

I'm not prentending to know this inside out, nor have i spoken to Neil for the specifics of the event.

Meant to ask you last week, have you guys heard any more about that "incident" yet?

[Noops]

Neil, people like Karl or meatball would be able give you more info if you let them know the reported speed, and the road speed limit at the time.

It would then be easy to put it in a bracket to see if there is a chance that you will not hear anymore. If however you really put your foot down, then it would be a different matter.

tut

Hi Tut it could be in the bracket " put the foot down", ish, as the Audi was unmarked blacked out and right up my chunff with two occupants. I was conserned as to the nature of AGRESSIVE tailing. I did not stop autamaticly when the lights came on and only pulled up when the siron blaired , once the road was safe for me to pull in. I stopped still leaving the engine running untill I was satisfied it was THE POLICE For all I know I was about to carjacked and left for dead ???This may seem only to happen on the TV , however after an fellow pest controler was stopped in not so differant circumstances a couple of years back in his work carpark where his new pickup and a six month old Spanial were snatched. The pickup was recovered but the dog wasn't . I would never stop for an unmarked moter ever regardless .....

[tut]

If it was seriously over the limit, then you would have to get professional advice as to your concerns about who could be tail gating you.

However if they clocked your speed before you realised they were behind you, you would not really have a defence.

tut

[Justin]

Andy

The Police Officers advised him at the side of the road that they intended to prosecute. That is the NIP dealt with.

The question is, is Neil aware that they intend to prosecute? the answer has to be 'Yes' because that is what they told him. No paperwork is required.

Yeah that's right. They don't need to give you any bit of paper, as they have gave you the NIP there and then vocally.

Like I said before it could be 7 months before you hear anything, the 6 month rule is only for them to put it to the courts