Notice of Intended Prosecution (NIP) UK: What It Means and What To Do

What Is a Notice of Intended Prosecution?

A Notice of Intended Prosecution (NIP) is a formal notification issued by the police when they believe a motoring offence has been committed. 

The notice tells the recipient that prosecution may be brought for an alleged offence involving a specific vehicle.

Typical offences leading to a NIP include: 

• Speeding offences detected by cameras 
• Dangerous driving 
• Careless or inconsiderate driving 
• Failing to comply with traffic signals 
• Certain insurance-related offences 

The legal basis for a NIP is found under Section 1 of the Road Traffic Offenders Act 1988. 

The purpose of the notice is to ensure that the driver or registered keeper is informed of potential proceedings within a reasonable time after the alleged offence.

In many cases, the NIP is sent with a Section 172 request, requiring the recipient to identify who was driving the vehicle.

The 14 Day Rule for NIPs

One of the most important rules concerning a Notice of Intended Prosecution is the 14-day service requirement. 

In most cases, the first NIP must be served on the registered keeper, or the driver, within 14 days of the alleged offence.

If this requirement is not met, it may affect the validity of the prosecution. 

However, there are several important exceptions. 

For example: 

• If the police could not reasonably identify the registered keeper in time 
• If the vehicle is leased, hired, or owned by a company 
• If the driver was stopped at the roadside and warned verbally 
• If the offence involved a traffic collision 

Where a vehicle is leased or hired, the first notice is often sent to the registered owner or leasing company. That organisation may then identify the person responsible for the vehicle at the time.

As a result, the driver may receive a notice more than 14 days after the incident, but the process may still be valid.

What Happens After You Respond to a NIP?

Once the driver has been identified, police will decide how to proceed.

The next step depends on the nature and seriousness of the alleged offence. 

Common outcomes include: 

Speed Awareness Course

For some lower-level speeding allegations, police may offer a speed awareness course.

This allows the driver to avoid penalty points if the course is successfully completed. 

However, eligibility depends on factors such as: 

• The recorded speed 
• Previous offences 
• Whether a course has been completed recently 

Fixed Penalty Notice

In many cases, the police may issue a Fixed Penalty Notice (FPN). 

This typically involves: 

• A fine 
• A small number of penalty points 

Accepting a fixed penalty means the matter is resolved without a court hearing. 

Court Proceedings

More serious offences may be referred directly to the Magistrates’ Court. 

This is common where the alleged offence involves: 

• Dangerous driving 
• Very high speeds 
• Repeat offending 
• Disqualification risks 

In these situations, the court will decide whether the offence is proven and what penalty should be imposed.

What Happens If You Ignore a Notice of Intended Prosecution?

Ignoring a Notice of Intended Prosecution is strongly discouraged. 

Failure to respond to the Section 172 driver identification request can lead to prosecution.

In many cases, the penalty for failing to identify the driver is more severe than the original offence. 

For example: 

• Six penalty points may be imposed 
• A financial penalty can be issued 
• Insurance premiums may increase significantly 

Even if you are unsure who was driving, you must take reasonable steps to identify the driver.

Courts expect motorists to make genuine efforts to establish who was responsible.

Can You Challenge a Notice of Intended Prosecution?

In certain circumstances it may be possible to challenge a prosecution linked to a NIP. 

Potential issues may include: 

• Failure to comply with the 14-day rule 
• Incorrect vehicle details 
• Mistaken identity of the driver 
• Problems with evidence from speed detection equipment 
• Administrative errors 

Each case depends on the specific facts and evidence available.

Motoring offences can have serious consequences, particularly where high penalty points or disqualification are possible.

Early legal advice can help clarify the available options and any potential defence issues.

When Should You Seek Legal Advice?

Legal advice may be particularly helpful where: 

• You are unsure how to respond to the NIP 
• The alleged offence could lead to disqualification 
• You believe the allegation is incorrect 
• You have already received several penalty points 
• The police are considering prosecution for a serious offence 

Motoring offences are often treated as routine matters, but the consequences for drivers can be significant, especially where employment depends on a driving licence.

A Motoring Offences solicitor can assess the circumstances of the case and advise on the most appropriate way to respond.

If you have received a Notice of Intended Prosecution and are unsure how to proceed, obtaining legal advice may help you understand your position and the available options.