Notices of intended prosecution / Section 172 notice – what should you do in Scotland?

Receiving a Notice of Intended Prosecution (NIP) or a Section 172 Notice can be a stressful experience. It is crucial to act promptly and correctly to avoid unnecessary penalties, fines, or court proceedings.

These notices are typically issued for speeding offences, and failure to respond appropriately can lead to serious consequences. Below is a comprehensive guide on the key considerations when dealing with these notices, with a particular focus on speeding-related offences.

Was the NIP Issued on Time?

The first thing to check is the date the NIP was issued and received.

• A NIP must be sent within 14 days of the alleged offence to the registered keeper of the vehicle.
• If you are the registered keeper and receive a NIP after 14 days, you may have grounds to challenge it.
• If the vehicle is leased, hired, or a company car, the initial NIP will be sent to the leasing company or employer. The 14-day rule applies only to that first notice. Once they confirm the driver’s details, a further notice will be sent to you, but the 14-day time limit does not apply to this second notice.

Confirming the Driver – Your Legal Obligation

Under Section 172 of the Road Traffic Act 1988, you are legally required to identify the driver of the vehicle at the time of the alleged offence.

• You must respond within 28 days of the date of the notice.
• If you are unsure who was driving, you are expected to make reasonable efforts to find out—for example, by checking work diaries, phone records, or fuel receipts.
• Failure to respond can lead to a separate offence of failing to provide driver details, which carries 6 penalty points and a fine of up to £1,000—often a more severe penalty than the original speeding offence.

*Important Warning – Do Not Provide False Information*

If you knowingly provide false information—such as naming another person to take the penalty—this is considered perverting the course of justice, a serious offence that can result in a custodial sentence.

Requesting Photographic Evidence

If you are uncertain who was driving, you can request photographic evidence from the police.

• While the police are not obligated to provide full evidence unless you contest the charge, they often provide images to assist with driver identification.
• These images may not show the driver’s face but can help confirm details such as the time, location, and vehicle involved.

Tip: When requesting the images, avoid phrasing your request as a challenge to the charge. Simply ask for assistance in identifying the driver.

Checking for Faulty or Inadequate Signage

Speed limit signs must comply with The Traffic Signs Regulations and General Directions (TSRGD). If the signage was damaged, obscured, missing, or incorrectly placed, the speed limit may not have been legally enforceable.

It may be worth revisiting the location and taking photographic evidence if you suspect the signage was inadequate.

Was It a Temporary Speed Limit?

If the alleged offence occurred in a temporary speed restriction zone, check:

• Whether the speed limit was legally implemented with a Traffic Regulation Order (TRO). These orders can typically be found on the local council’s website.
• Whether the temporary signage was clear, correctly positioned, and visible. If signs were missing, damaged, or obstructed, you may have grounds to challenge the notice.

Was the Speed Recorded Accurately?

Speeding allegations rely on radar, cameras or laser devices, which are not infallible. Several factors can impact their accuracy, including:

• Incorrect calibration – Speed detection devices must be regularly tested and calibrated.
• Operator error – Handheld devices must be used in the correct manner  by a trained officer.
• Weather conditions – Heavy rain (especially in Scotland), fog, or glare can interfere with readings, particularly where the technology used is laser devices.

If you believe the speed reading was inaccurate, seek legal advice promptly.

Next Steps – Possible Defences and Outcomes

There are limited defences to a speeding offence, but some circumstances may justify challenging the NIP, including:

• Emergency situations – If you were speeding due to a genuine emergency (e.g., transporting someone to the hospital).
• Faulty or missing signage – If the speed limit signs were unclear, missing, or non-compliant with the aforementioned regulations.
• Technical issues with speed detection equipment

Potential Outcomes

Depending on the circumstances, you may face one of the following:

• Fixed Penalty Notice (FPN): A fine and penalty points, without the need for a court appearance.
• Speed Awareness Course: While rarely offered in Scotland, it may be an option in some cases.
• Court Citation: If the speed was excessive or you have previous offences under the Road Traffic Act 1988, you may be cited to appear at court.

Seeking Legal Advice

If you receive a NIP or Section 172 Notice, it is important that you understand your options. Early intervention can help assist your case.

At BTO, we can assist with the following:

• Determine whether the notice was issued correctly
• Assess any potential defences or mitigating circumstances
• Challenge any inaccuracies or procedural errors

If you require legal assistance, please contact our dedicated Road Traffic Defence Lawyers at BTO for expert guidance on how to proceed.

A link to our webpage can be found here: Road Traffic Defence Lawyers in Scotland | BTO Solicitors

Alasdair Gillies, Partner: adg@bto.co.uk / 0141 221 8012

Stacey Fox, Solicitor, sfo@bto.co.uk / 0141 221 8012