On stopping the offender for speeding, after taking personal details so that a summons can be served for the offence, there is an obligation to give a formal warning (Notice of Intended Prosecution). This can be given VERBALLYAT THE TIME time or sent by post at a later date and within 14 days (less the date of the offence). There is no need to back a verbal warning with a written Notice

There are no set words to this caution which usually is words to the effect "you will be reported for the consideration of the question of prosecuting you for exceeding a speed limit". High Court has held that if the offender is in no doubt that they are to be prosecuted then any words to this effect will suffice.

Note in the post that " told she would be hearing from the court in the next couple of months. " Offender obviously under no doubt being prosecuted. Verbal warning complied with and offender under no illusions and can take any steps necessary to marshall her defence - the object of the NOIP.

If the Officer was satisfeid that the offender held a full Licence and was Insured then a 'Producer' not required. Under 96mph then offender could have been given paperwork in the form of a Fixed Penalty Notice but over this then it is a matter for the Court to decide the punishment.

There is also a legal requuirement for a person to be cautioned "You dont have to say anything etc etc" on being told they are being reported but I would submit this has little consequence as any replies etc are not required as the offence of speeding is proved by observation/camera etc and not by any admission of Guilt by the offender.

All in all IMHO nothing to challenge.

dvd

Edited by Dwight Van Driver on 07/07/2010 at 15:10

DVD did a very good job of summing up the situation, especially about the caution. I seem to remember though, that if the officer does record your details and the offence then you are to be given a copy of that document. If the officer has not written the details down then how does he keep a record of offenders? The magic cut off point for NIP's seems to be 6 weeks, if you have not heard by then you could well have been forgotten. If the officer did not write down the details he may well have no accurate record to rely on later when submitting his report. You will just have to wait it out. I know we all speed from time to time, but 100mph is going at it a bit. If your daughter is fortunate enough to escape prosecution then I hope the possible consequences of this action force her to reflect on her driving behaviour in future. Best of luck. Concrete

The crucial issue is therefore whether she was verbally NIP'd at the scene. It seems that she thinks she wasn't, but I suppose the danger is that the police officer may have thought (s) he did issue a NIP. Officer's word against motorist, and a court is likely to believe the former.

Lucy - if that's the procedure isn't it rather unsatisfactory? I'd have thought that the officer ought to write out some form of ticket so that there would be no such dispute.