Notice of Intended Prosecution
What is a notice of intended prosecution?
Which offences are covered by this rule?
What if the first I heard of this allegation was months later?
If the police claim a NIP was served by first class post it is presumed (in law) that it was unless or until the contrary is proved ie there is a rebuttable presumption of good service. What this may mean in practice is that the prosecution does not have to prove that the NIP was served but that the Accused would have to show that it wasn’t! So, in a case in which the CPS was relying on the presumption of good service this could mean you would only overcome the presumption by attending your trial and giving evidence in your defence that the notice was not served in time.
You should bear in mind that breach of the rule does not prevent prosecution only conviction. In some circumstances, if the police have not complied with the law and have failed to serve the Notice and you can demonstrate this to them (with an authoritative letter setting out the relevant law and facts at an early stage of proceedings) it may be that they would consider dropping the case against you long before any trial. Of course, if they were to drop a case following receipt of such a letter this could save you a great deal of stress, costs and time as well as avoiding a conviction.