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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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Does any one have any thoughts on this, when researching,

Resolved Question:

Hi There
does any one have any thoughts on this, when researching, (not extensively) as I don't know how. I was looking up what a notice of intention of prosecution (NIP). meant and how and when it should be served etc, what struck me as odd was it says an NIP must be accurate and precise , with the date and time, your details, and the offence. I received a NIP which had my date of birth wrong, did not state the time of the incident, only the date, when I asked several solicitors on here if that made any difference , they said no, my question is does anyone understand why the law says it must be accurate and precise , if it does not really matter.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

How can I help with this ?

Customer: replied 10 months ago.

Sorry Jo,

I already had your answer, plus two other solicitors, who gave me the same answers, that mistakes like I pointed out on the NIP don't really matter, all I was asking to general experts, was why does the law say it is a very important document which has to be accurate, yet the mistakes on mine, which I don't class as minor, wrong date of birth, and no time of incidendent, don't make any difference, what mistakes could be made that could make a difference, as I said I only put it out for views, as I subscribe to ask as many questions as I like.

Expert:  Jo C. replied 10 months ago.

Well, the reason for caselaw is always something that can only really be known by the court of appeal judges.

Jo C. and 3 other Law Specialists are ready to help you
Expert:  Jo C. replied 10 months ago.

I suppose that from a public policy point of view it wouldn't make much sense if people without a defence could escape on the basis of minor details of that nature.

Expert:  Jo C. replied 10 months ago.

there are lots of things that are unfair.

Expert:  Jo C. replied 10 months ago.

Actually though a NIP isn't a particularly important document.

A NIP was always traditionally done verbally by officers as that was how speeding was prosecuted before GATSOs came along.

Expert:  Jo C. replied 10 months ago.

All a NIP has to do is warn a person that they may be prosecuted.

The S172 document is arguably the more important as errors such as date can create a situation where a person cannot disclose.