What Is a Notice of Intended Prosecution (NIP)?

A Notice of Intended Prosecution is a notice served under section 1 of the Road Traffic Offenders Act 1988. It must be served in connection with certain road traffic offences including dangerous driving, careless driving, speeding, failing to comply with traffic lights, and leaving a vehicle in a dangerous position. Without a NIP, a prosecution for these offences cannot generally proceed.

A NIP can be served verbally at the time of the offence (for example, where a police officer stops a driver at the roadside), or in writing within 14 days of the offence. Where a fixed penalty notice is issued at the roadside, this also serves as a NIP. A section 172 notice (requiring the registered keeper to identify the driver) is not a NIP, though it is often sent alongside one.

A written NIP must be served on either the driver or the registered keeper of the vehicle within 14 days of the offence. The 14-day period runs from the date of the offence to the date of service of the NIP. Service by first-class post is assumed to take effect on the second working day after posting.

Failure to serve a NIP within 14 days is a defence to the subsequent prosecution, unless a verbal warning was given at the time of the alleged offence. However, the 14-day rule applies to service on either the driver or the registered keeper — not necessarily both. Where the NIP was correctly served on the registered keeper within 14 days, the subsequent prosecution of the driver may still proceed even if the driver only received notice after 14 days.

Read the NIP carefully and check the date of the alleged offence against the date of the notice and its posting. If you believe the NIP was not served within 14 days, take legal advice before responding. Do not ignore a NIP — failure to respond may itself be an offence where the NIP is accompanied by a section 172 notice requiring identification of the driver.

A NIP is not a charge and does not mean you will necessarily be prosecuted. It preserves the prosecution’s right to bring a charge if they choose to. David advises on the significance of a NIP in each case and on any arguments available relating to the 14-day rule or the validity of service.

Offences for which a NIP is required include: dangerous driving (section 2 Road Traffic Act 1988), careless or inconsiderate driving (section 3), leaving a vehicle in a dangerous position, speeding, and failing to comply with traffic directions or signs. Drink driving and drug driving do not require a NIP because in those cases the driver is typically dealt with at the roadside or police station rather than being identified later from camera evidence.