Can the Police issue a Summons if they did not serve a Notice of Intended Prosecution?
If you were not stopped at the scene, and told of the potential prosecution, you are entitled to receive a Notice of Intended Prosecution, which has to be dispatched within 14 days. There is no requirement to send a written Notice of Intended Prosecution if you were stopped at the time of the offence, in which case proceedings can be commenced without any further contact. If the Summons is for driving without due care following an accident, there is no need to serve a Notice.
Related Questions
- Where the police have issued a warning notice under s.126 to the driver of a motor cycle can they also issue a warning notice to the pillion passenger?
- How long do I have to serve a statement of claim or summons (originating process) in the District Court?
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