Help - Search - Members - Calendar
Full Version: Verbal NIP but reply not recorded
FightBack Forums > Queries > Speeding and other Criminal Offences
snoopsnek
Hey All,

So I got pulled over for Careless Driving on a roundabout (I was in the wrong so I accept that) However its my understanding that the officer thats issuing the NIP has to record my reply after its been given?

The TOR I received does not have my reply (nor do I actually remember replying)

Specifically, on the traffic report the NIP is ticked but nothing is recorded for Reply after caution.

Does this have to be filled in?

Thanks
Logician
You said nothing, nothing is recorded, simples!

snoopsnek
So do they HAVE to fill out that part?
Without it is the NIP invalid?

I dont remember replying but not really sure LOL
peterguk
QUOTE (snoopsnek @ Tue, 24 Jul 2018 - 10:53) *
So do they HAVE to fill out that part?
Without it is the NIP invalid?

I dont remember replying but not really sure LOL

If you said nothing, then there's nothing to report!
Jlc
QUOTE (snoopsnek @ Tue, 24 Jul 2018 - 10:53) *
So do they HAVE to fill out that part?
Without it is the NIP invalid?

No and no.
peterguk
QUOTE (snoopsnek @ Tue, 24 Jul 2018 - 10:53) *
Without it is the NIP invalid?

You received a verbal NIP, not written.
snoopsnek
So is my understanding that they have to record my response incorrect? If not then how do they record it?
AntonyMMM
Replies to caution are rarely used as any part of evidence so pretty irrelevant. But if you said nothing, what are you expecting to be recorded ?

Maybe clutching at straws a little here ....
Jlc
The CTO will process the TOR and then issue an offer (course or fixed penalty) or for it to go straight to court.

You either accept the offer without prosecution - or you can choose to take the matter to court (unless it's going there anyway).

You will have the option to plead guilty or not guilty. At this stage the TOR is irrelevant.

But I suspect you weren't actually cautioned? (And simply received a verbal NIP) Either 'You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court, Anything you do say may be given in evidence' or more like 'You will be reported for consideration of the question of prosecuting you for this offence'?
The Rookie
A NIP is a Notice, no reply is needed nor invited, so any response is a nullity and need not be recorded.

If you were cautioned and said something the officer only needs to record things which you say which are relevant, if you said nothing relevant he need not record it.
snoopsnek
QUOTE (Jlc @ Tue, 24 Jul 2018 - 11:47) *
The CTO will process the TOR and then issue an offer (course or fixed penalty) or for it to go straight to court.

You either accept the offer without prosecution - or you can choose to take the matter to court (unless it's going there anyway).

You will have the option to plead guilty or not guilty. At this stage the TOR is irrelevant.

But I suspect you weren't actually cautioned? (And simply received a verbal NIP) Either 'You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court, Anything you do say may be given in evidence' or more like 'You will be reported for consideration of the question of prosecuting you for this offence'?


Something along those lines yeah. Dont fully temember as so much was going through my mind (first time ever stopped). Guess i just have to accept what ever comes through. Any chance he wont push it through? LOL
The Rookie
None at all.
snoopsnek
QUOTE (The Rookie @ Tue, 24 Jul 2018 - 12:06) *
None at all.

Worth the hope xD
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.