this was posted by "chadders" on the same forum:-
OK, I'm gonna go for the challenge and test myself based on what I've read in the forums... wait for others to check my post before you take any action based on it, and remember you've got 28 days to reply
<pulls up pants, holds breath & prepares for flaming >
You have a NIP, and they would kindly like you to sign it (in your case as the driver at the time of the offence), and please have my £60 and give me 3 points in return.
Section 172 of the Road Traffic Act (RTA) 1988 requires you to provide the details of the driver at the time of the offence. If you don't do this, then it too is an offence they can charge you with (failure to identify driver).
s.172 wrote:
(2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and
(b) any other person shall if required as stated above give any information which it is in his power to give and may lead to identification of the driver.
(3) Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence.
On your NIP, you will find words to the effect that it (the signed NIP) can be used in evidence.
So, you need to comply with S172 and provide the driver's details. However, using their form, it then gets used in evidence to prosecute you for speeding (i.e. a conditional offer is sent out to the person who nominates themself on the NIP/s.172 form). This is normally £60 and 3 penalty points, providing the offence wasn't too severe.
OK so far(?), so you watch "The Bill" or some such and when someone is arrested they receive a 'caution';
Quote:
You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
So, considering what you're being asked to do with their nice pretty form you would think you would be given a caution, yes?
Enter stage left... the PACE witness statement... you write on their pretty form (NIP/s.172 form they sent to you asking to nominate the driver), "Please see the attached letter" and staple your completed PACE letter.
Firstly, you haven't received the 'caution' - which would be nice (considering what you *were* going to do could be presented in evidence - and which is required by the PACE code (para 10.1) but hey were you to know!?).
So, in theory, your PACE letter 'gets around' you having to sign their form, letting them prosecute you for speeding.
But wait a minute... Don't forget that you need to comply with S172! So in your PACE letter you give them all the correct details of the driver (ie you). Bingo! Job done.
And the cherry on the cake? As you weren't cautioned, they shouldn't use your PACE letter (with your driver details) as evidence to give you those shiney 3 points.
Homework: re-read the sticky at the top of this forum, and in particular the PACE letter - that will then no doubt send you on the wibbly - wobbly journey into the inner workings...
<puts apple on teacher's desk and prays >
NB: don't be too harsh on me, I'm intending to buy a few mugs on Friday so be nice with any criticism