Notice Of Intended Prosecution | A Complete Guide

How will you receive a notice of intended prosecution? 

Typically, you can expect to receive a notice of intended prosecution on the spot by the police after an alleged driving offence or via the post. 

Please note, if the notice is sent to you by post, it should contain the following details:

• The details of the driving offence (e.g. speeding)
• The time & date of offence
• The vehicle alleged to be involved
• The location of the alleged offence

The most common reasons you might receive a notice of intended prosecution

The most common reasons you may receive a notice of intended prosecution include:

• A speeding camera has caught you exceeding the speed limit.
• The police have caught you driving through a red traffic light. 
• The police have witnessed you driving far below the required standard.
• You’ve been caught by the police driving carelessly.
• You’ve been caught by the police using your mobile phone whilst driving. 

If you have been subject to any of the above, you will likely receive a notice in the post if the police have not stopped you.  

It’s important to note that if you receive a notice, it must arrive within 14 days of the date of the alleged incident to be valid. If it comes later, a lawyer may be able to defend against the original offence. 

Do I have to respond to a notice of intended prosecution?

In short, yes!

You have a legal obligation to provide the requested information within the 28-day time frame of receiving the notice. If you don’t respond or respond outside of the time frame, you may be subject to a separate criminal offence of failure to provide driver information. This criminal offences carries six penalty points and a fine. 

If you fill in and send back the notice of intended prosecution confirming that you were the driver at the time of the driving offence, the police or the Crown Prosecution Service (CPS) will then have the option to inform you that:

• No further legal action will be taken against you.
• You will receive a conditional fixed penalty for a specific number of points and a fine
• You will be placed on a speed awareness course.
• Your case will be referred to court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty.

Please note, if you send back the completed notice stating that someone else was driving your vehicle, they will receive a notice of intended prosecution addressed to them and have a legal obligation to respond. 

Can I request photographic evidence of the offence?

Put simply, yes!

You can request photographic evidence by sending an email to your local police station. To gain access to the information, you must provide the following information: 

• Notice Number
• Vehicle registration number 

Please note, the purpose of the photographic evidence is not to identify you as the driver. It is to place the vehicle at the location on the time and date specified on the notice of intended prosecution.

How do I complete a notice of intended prosecution? 

Please use the following points as guidance to complete a notice: 

• Ensure that the notice contains your correct name, address and date of birth.
• If the details are incorrect, then put the accurate information in your reply. 
• You must personally sign and date the notice.
• Make a copy of the completed notice of intended prosecution.
• When sending the notice of intended prosecution, ensure you get proof of postage detailing when and where it was posted. 

What if there are errors in the notice of intended prosecution I submit?

If you are to complete a notice of intended prosecution, you should check the information is accurate before completing. Furthermore, if you find that you have made any errors related to your name, address or date of birth, you should correct them. Please note, these types of mistakes are not usually severe enough to invalidate the notice.

If you think any major errors get professional advice from a lawyer. The notice of intended prosecution should give precise information to:

• The make & registration number of the vehicle
• The date & time when the alleged offence was committed
• Location of where the offence took place

If there are any substantial errors within your notice of intended prosecution, you may be able to provide a criminal defence. 

How can I dispute my notice of intended prosecution in court?

If you disagree with the charge and want to defend the driving offence allegation, you will need to respond by requesting a court hearing. Soon after, you will receive the paperwork requiring you to enter a plea. When deciding whether to enter a plea, you should always seek the advice of an experienced road traffic offence lawyer.