Single Justice Notice Procedures & Notices of Intended Prosecution

Worried you may be prosecuted for a driving offence? Or have you received a letter asking you to attend court for a driving prosecution?

Our guide to Single Justice Notice Procedures and Notices of Intended Prosecution explains your rights and what you should do.

Is Your Notice of Intended Prosecution Valid?

A Notice of Intended Prosecution or ‘NIP’ is a document issued by the police to the registered keeper or driver of a vehicle advising that they may be prosecuted for a driving offence. The NIP MUST be issued within 14 days of the alleged offence – if it is issued late we may be able to intervene to stop the prosecution.

A police officer can issue a Notice of Intended Prosecution either verbally after a vehicle has been stopped or more commonly serve it by post within 14 days of the alleged offence.

If the NIP is sent by way of post, then it is sent to the registered keeper of the vehicle and will ask for the identity of the driver at the time of an alleged offence to be confirmed.

If you receive a NIP either verbally or through the post then please do not hesitate to get in touch to discuss it with us.

Single Justice Notice Procedure

Most motoring offences are commenced by way of an SJPN - Single Justice Procedure Notice (SJPN) which will require you to attend a Magistrates Court on a specific date. You should receive a SJPN within six months of the commission of an alleged offence.

You normally have 21 days to respond to the SJPN. Time starts to run from the day that the notice is served on you.  The law assumes that is two business days after date upon which it was posted.

If you receive a SJPN, then you should carefully consider the date of the offence and the nature of the offence that you are alleged to have committed. The SJPN should explain the offence that you face and outline the options available to you, which are to plead Guilty or Not Guilty.

Convicted in Your Absence?

It is extremely important that you respond promptly or there is a possibility that the case could be dealt with in your absence.

BSQ frequently deal with cases where individuals have not received an SJPN and have subsequently found about their case after they have been convicted in their absence.  If you find yourself in this position then you should seek legal advice as soon as possible.

Guilty Pleas

If you plead guilty to an offence, then it is very likely that your case will be dealt with by the Court without a hearing. The Court will then write to you with details of the penalty imposed.

You will only have to attend court for a hearing after pleading guilty if you are at risk of a disqualification.

Should I Ask for a Hearing?

One of the issues that often arises with an SJPN is the question of whether to request a hearing.  You can request a hearing if you have pleaded guilty and are at risk of a disqualification and wish to attend in person to advance what is known as an Exceptional Hardship (link to Avoiding a Ban – Totting Up page) argument.  This is where you wish for the Court to consider not imposing a disqualification.

Not Guilty Pleas

If you decide to plead Not Guilty to an offence, then you must explain on the SJPN form why you are pleading Not Guilty.  Once the Court is told of this a trial date is likely to fixed in respect of the case.

If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on our 24 hour helpline on 0203 858 0853.