What is a notice of intended prosecution?

 

A notice of intended prosecution is official notification served on an alleged offender of a motoring offence.

The notice of intended prosecution is not in itself a summons to court. The role of the notice is to give the offender a warning that the prosecution services are considering bringing charges against him or her.

Visit our motoring law pages for the background on this subject.

How notices of intended prosecution operate

The need for a formal notice arises from the legal obligation to inform persons summoned to court of the charges against them within a reasonable time after a violation has occurred.

If the notice relates to a speeding or dangerous-driving violation, and is not served within 14 days of the alleged offence, the prosecution’s case may be dropped. When the notice relates to an accident, no notice is required, as the driver involved in the accident is deemed to know that there is a possibility of prosecution.

Occasionally the prosecution may take longer before deciding to bring charges and in such cases sending the notice allows the alleged offender to be informed of the possibility of the charge.

What to do if you receive a notice of intended prosecution

If you received a notice of intended prosecution or a court summons, you should consider discussing the particulars of your case with a legal professional. The law regarding motor offences is complex and drivers have many rights which are not commonly known.

By taking on the advice of a motoring solicitor you will ensure that you benefit from all of your rights, and that you receive fair consideration from the court. Even if you think you are guilty, it may well be possible to enter a plea in mitigation; that is, to give the court legally relevant reasons for you to be treated with leniency.

If you would like to obtain legal representation in a motoring case, we can put you in touch with a cost effective criminal solicitor free of charge. Please call us on 0800 046 1464 or complete the web-form above to speak to one of our advisors.

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