summons statute of limitations motoring offences

[thesainttobe]

Apparently it is difficult to know if a summons in relation to a motoring offence has "timed out" as the statutes are different for different offences. I was informed that the 6 month rule was only for minor offences,things such as drunk in charge, summons could be issued within a year of date of alleged offnece, a No insurance offence summons could be issued up to 3 years! can anyone confirm this, or tell me where I can find these statutes that govern time limits on recieving a summons in relation to motoring offences?

thanks in advance

[JudgeJ]

Almost all motoring offences and many public order offences and even some involving violence are what are known as �summary� offences � that is to say they can only be dealt at the magistrates� court.

In normal circumstances prosecutions for summary offences have to begin within six months from the date of the alleged offence. Additionally, unless you were warned of possible prosecution at the time of the offence, you must be sent a Notice of Intended Prosecution (NIP) which should be received within 14 days of the alleged offence.

However, the law allows extensions to these periods in certain circumstances. For example, in motoring offences which have been detected without the driver being stopped, the NIP must be sent so that in normal circumstances it is received by the registered keeper within 14days. However, if it is delayed in the post, or if, say, it is eaten by the recipient�s dog, the prosecution is not automatically made void. Prosecutors are also allowed and extension to the NIP period if they can show that it took longer than usual to trace the registered keeper or the driver. Extensions to the six month overall period are more difficult to secure but are sometimes allowed.

You should also bear in mind that six months is the time allowed only for the prosecution to begin � which normally means a first hearing date in court. Many cases take much longer than this to reach a conclusion.

Finally, the failure of a defendant to respond to any paperwork relating to either the NIP or the court case itself so that the six month deadline is passed will not normally lead to the case being �timed out�. In these circumstances the prosecution may go ahead in the absence of the defendant. When he is finally informed of the court�s decision it will be for him to show why he failed to respond.

[thesainttobe]

Thank you Judge J, for your answer, however , you do say "almost" all motoring offences are summary offences, meaning some may not be.
My problem is:- I went to lock my vehicle securely for the night, in a street where it had previously been broken into 3 times, as there was no room in the hotel secure carpark where I would have normally left it. Needless to say I was approached by the police, and despite my explaination they proceeded to charge me with "drunk in charge" I was arrested and breathalised at the station producing a reading of 57mg, my details where taken and I was told to expect a summons. eliminating the need for the NIP I presume, however 6 months have passed and I have heard nothing, I checked with a solicitor after hearing about the 6 month time out thing, and he told me he was 99%sure that a DIC offence has a time limit of 12 months, he said there is a book of statutes covering this, but he didn't have access to it at that particular time. Also I live in Northern Ireland, and I'm wondering if the law is different here despite the fact that we are a part of the UK..
It would just be nice to know where I stand, oh and I dont have a dog, and have genuinely recieved no contact from the police or magistrates court since my alleged offence.
Anyhow, thank you for your earlier answer, and for taking the time.

[JudgeJ]

In England and Wales the only purely motoring offences I can think of which are not summary offences are Causing Death by Dangerous Driving, Dangerous Driving and Fraudulent use of a Vehicle Excise Licence (there may be a few others, but I cannot immediately think of any). Some acquisitive crimes involving motor vehicles such as theft may also be heard at the Crown Court.

In England and Wales offences involving drunkenness (whether driving or not and providing they do not involve excessive levels of violence) are all summary offences to which the six month rule applies.

I am not sure if there are different time limitations for prosecutions in NI. I am surprised that a solicitor in the Province could not immediately provide you with the information as it is fairly fundamental in the administration of justice!