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DIR Return to: Speeding and other criminal offences
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#Post#: 44345--------------------------------------------------
NIP received following Police stop
DIR By: swanny65
Date: November 7, 2024, 4:52 am
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Hi
Hoping you can offer a friend some advice.
Date of Offence 25.08.2024
NIP arrived Tues 16.10.2024
NIP dated 10.10.2024
Location as stated on NIP: A11 Wymondham Bypass
No speed on the NIP -
Alleged offence (in bold) Speeding - motor vehicle exceeding
70mph on a dual carriageway - manned equipment
Our friends daughter, aged 17 at the time of the offence, was
followed and eventually stopped by an unmarked Police BMW from
the the A146 slip road on to the A47 Norwich southern bypass
until the M&S garage on the A11 at Wymondham. This is a distance
of about 10 miles.
There was one Police Officer in the BWM who proceeded to
cautioned her and took her details. He did not offer her an
appropriate adult (she was under 18) before questioning her
further - is this a breach of PACE?
She did not admit to speeding as her vehicle is restricted using
Ford My Key to 80 mph and she was not travelling at that speed -
we have not been sent photo or video evidence of the offence.
The Police Officer also asked her to sign an electronic device /
tablet. We are unsure why, we hope this wasnt an admission of
the offence as she wasnt given time to read what was on the
device / table.
The NIP appears to time barred / not served on time - is this
correct?
Lastly, my friend has emailed Norfolk Constabulary asking for
evidence of the offence and has questioned the Police Officer's
conduct on date of the offence.
Can post a copy of the NIP if required.
Any advice on next steps would be greatly appreciated.
Thanks very much
#Post#: 44359--------------------------------------------------
Re: NIP received following Police stop
DIR By: Southpaw82
Date: November 7, 2024, 6:13 am
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No NIP is required if she was warned at the time of the offence
that she may be prosecuted.
Re a potential breach of the PACE Codes of Practice, the
practical reality is “so what?”. It is unlikely that the
prosecution will need to rely on anything she said in relation
to the offence so it becomes immaterial.
Do you know (ignoring that you’re acting as an intermediary of
an intermediary, which is very unsatisfactory) how her speed was
measured?
#Post#: 44392--------------------------------------------------
Re: NIP received following Police stop
DIR By: BertB
Date: November 7, 2024, 7:58 am
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It would be unusual to receive a NIP after a traffic stop. More
so in the timeframe suggested.
Can you post up a redacted copy of what has been received?
Your friend will receive nothing, she isn't the one being
charged with anything. If her daughter wants to see evidence she
can request it, but usually they will respond saying to see the
evidence it will need to go to court. By which time any offers
of cheap disposal will have long gone.
Assuming from the presence of a speed limiter, an offer of a
speed awareness course would normally be on the table for this
offence. Any actions that hinder this and you may see a new
driver receive their first 3 points. 6 points in a 2 year period
will see her licence revoked under the new driver's act.
She would need to book the SAC within 3 months of the offence
date and take the course within 4. We are past 2 months from the
date of offence already.
#Post#: 44396--------------------------------------------------
Re: NIP received following Police stop
DIR By: swanny65
Date: November 7, 2024, 8:22 am
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--- Quote from: Southpaw82 link ---
>
> No NIP is required if she was warned at the time of the
offence that she may be prosecuted.
>
> Re a potential breach of the PACE Codes of Practice, the
practical reality is “so what?”. It is unlikely that the
prosecution will need to rely on anything she said in relation
to the offence so it becomes immaterial.
>
> Do you know (ignoring that you’re acting as an intermediary of
an intermediary, which is very unsatisfactory) how her speed was
measured?
>
--- End Quote ---
Thanks - no idea how her speed was measured as i would have
expected a print out or something to be handed to her by the
Police Officer.
#Post#: 44397--------------------------------------------------
Re: NIP received following Police stop
DIR By: swanny65
Date: November 7, 2024, 8:24 am
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Will post the redacted NIP asap. Thanks again
#Post#: 44447--------------------------------------------------
Re: NIP received following Police stop
DIR By: Southpaw82
Date: November 7, 2024, 2:07 pm
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--- Quote from: swanny65 link ---
>
> Thanks - no idea how her speed was measured as i would have
expected a print out or something to be handed to her by the
Police Officer.
>
--- End Quote ---
Nope, if it’s a hand held device (like a LIDAR) then there’s no
print out.
I’m not sure how showing us the NIP is going to help at all, I
don’t know why people ask for it. As long as it’s actually an
NIP and not something else, like the offer of a course or a
conditional fixed penalty offer, there’s little to be gained by
posting it here.
#Post#: 44460--------------------------------------------------
Re: NIP received following Police stop
DIR By: mickR
Date: November 7, 2024, 2:54 pm
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only that this info is coming via a 3rd party so confirmation of
what has actually been recived might be wise albeit it probably
is a NIP
#Post#: 44507--------------------------------------------------
Re: NIP received following Police stop
DIR By: BertB
Date: November 8, 2024, 3:54 am
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--- Quote from: mickR link ---
>
> only that this info is coming via a 3rd party so confirmation
of what has actually been received might be wise albeit it
probably is a NIP
>
--- End Quote ---
Yes, this is the reason I asked. I also wanted to see location
as it isn't 100% clear these aren't actually separate events on
the same journey.
The receipt of an NIP 7 weeks after a manual stop does not seem
to make a lot of sense in the grand scheme of things.
#Post#: 44527--------------------------------------------------
Re: NIP received following Police stop
DIR By: swanny65
Date: November 8, 2024, 4:53 am
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Hi, apologies for the delay. Got the NIP from my friend,
although it does not say Notice of Intended Prosecution. It says
Conditional Offer. Are they different.
Also noted 28 days expires today, although they didnt receive
this until the following week.
Based of previous comments i am guessing you are going to
recommend acceptance.
Thanks again
[attachment deleted by admin]
#Post#: 44533--------------------------------------------------
Re: NIP received following Police stop
DIR By: JRHartley
Date: November 8, 2024, 5:10 am
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--- Quote from: swanny65 link ---
>
> Got the NIP from my friend, although it does not say Notice of
Intended Prosecution. It says Conditional Offer. Are they
different.
>
>
--- End Quote ---
Yes, a Notice of Intended Prosecution is different from a
Conditional Offer of a Fixed Penalty.
This is why it's not a good idea to post on someone else's
behalf.
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