What must the officer do, and what should you do.
When you are being reported for speeding, the Police Officer must tell you:- "That you will be reported for consideration of the question of prosecuting you for exceeding the speed limit." It must either be given verbally or in writing at the time, or in writing within fourteen days or a summons be issued within fourteen days. Following this Notice of Intended Prosecution, he should then caution you by saying, "You do not have to say anything, but it may harm your defence if you do not mention when questioned, something you later rely on in Court. Anything you do say may be given in evidence." Under Section 1 of the Road Traffic Offenders Act, 1988, section 1, it states, " A person shall not be convicted of an offence to which this section applies, (speeding, dangerous driving, careless driving, failing to conform to traffic lights, failing to conform to stop signs, continuous white lines in the middle of the road and other mandatory road signs) unless the Notice of Intended Prosecution was given. When being booked for speeding or any other offence, if possible switch on a tape recorder or Dictaphone so that you have a record of what the officer says. Be careful, some Police Forces do have the N.I.P. printed on the HO/RT/1 producer form or on specially printed forms for speeding offences.
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