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Single Justice Procedure Notices and Notice of Intended Prosecution: What You Need to Know

Receiving a Single Justice Procedure Notice (SJPN) or a Notice of Intended Prosecution (NIP) can be worrying, and the two are often confused.

They are different documents, sent at different stages, but both mean you may be prosecuted for a motoring or other minor offence, with penalty points, a fine, a driving ban or a criminal record at stake. Allen Hoole is the largest criminal defence firm in the South West, and our motoring defence solicitors help drivers across England and Wales respond to both and protect their licence.

Speak to a motoring defence solicitor

Both documents carry deadlines, so get advice before you reply. Our lines are answered 24 hours a day. Call Bristol or Keynsham on 01454 790673, or Cheltenham on 01454 790672. You can also send us the details and we will call you back.

Received an SJP notice or a NIP? How we help

The right response depends on which document you have, what it is for, and whether you have a defence. Acting quickly matters, because both carry deadlines, and what you do first can affect the outcome. We explain what your notice means, advise you on your options, and, where it helps, represent you.

What is the difference between an SJP notice and a NIP?

A Notice of Intended Prosecution is an early warning that the police are considering prosecuting you, usually sent soon after the alleged offence. A Single Justice Procedure Notice comes later and is the formal start of the court case, allowing a single magistrate to decide certain minor offences on the papers. In short, a NIP warns you and an SJPN prosecutes you.

What is a Single Justice Procedure Notice (SJPN)?

How the Single Justice Procedure works

A Single Justice Procedure Notice is used to prosecute summary offences that carry no risk of prison, most commonly road traffic matters, as well as cases such as TV licence evasion. It applies to adults aged 18 or over. A single magistrate, advised by a legal adviser, can decide the case on the documents alone, without a courtroom hearing, unless you ask for one.

SJP notices for driving offences

Most of the driving cases we see under this procedure are speeding, driving without insurance, no MOT, and using a handheld mobile phone. The paperwork can look routine, but the consequences are not. Points, a fine and in some cases a disqualification follow a conviction, so a notice about a supposedly minor matter can still put your licence at risk.

Your options and the 21-day deadline

You normally have 21 days from the date on the notice to respond. Your options are:

  • Plead guilty and have the case decided in your absence
  • Plead guilty and ask for a hearing, so you can explain the circumstances in person, for example to argue against a disqualification
  • Plead not guilty, in which case the matter comes out of the Single Justice Procedure and is listed for a normal hearing in the magistrates' court

Nobody can be dealt with under the procedure against their will, so asking for a hearing always takes the case into open court. Where the court can see that you are at risk of disqualification, for example a totting-up ban, it will usually list a hearing anyway. If you do nothing, the case can be decided without you and you may be convicted and sentenced in your absence, with no credit for a prompt guilty plea and nothing said in mitigation on your behalf.

Will an SJP notice give me a criminal record, points or a ban?

For a driving offence, a conviction can mean penalty points, a fine and in some cases a disqualification, and the endorsement goes on your driving record. You will also normally have to declare the conviction to your insurer. On the criminal record question, most offences dealt with under this procedure are non-recordable, so they are unlikely to appear on a standard DBS check, although some offences are recorded. The position depends on the offence, so it is worth checking rather than assuming.

If you were convicted without knowing about the notice, for example because it went to an old address, the case can often be reopened. A statutory declaration can be used to set the conviction aside so the matter is heard properly. It should normally be made within 21 days of you finding out, so take advice quickly.

What is a Notice of Intended Prosecution (NIP)?

What a NIP is, and what it is not

A Notice of Intended Prosecution is a formal warning that the police are considering prosecuting you for a driving offence. It is not a charge, and it does not mean you will definitely be prosecuted. For the offences it applies to, Section 1 of the Road Traffic Offenders Act 1988 gives the prosecution three alternative routes, and any one of them is enough: you were warned at the time of the offence, or a summons or Single Justice Procedure notice was served within 14 days, or a notice was sent within 14 days to you or to the registered keeper of the vehicle.

Which offences require a NIP?

The requirement applies to the offences listed in Schedule 1 to the Act. They include speeding, careless driving, dangerous driving, failing to comply with traffic signs, signals or police directions, using a handheld mobile phone while driving, leaving a vehicle in a dangerous position, and failing to stop or report an accident. The list is not exhaustive, so whether a notice was required in your case is worth checking.

The accident exception

Where an accident occurred because of the presence of the vehicle on the road, the notice requirement does not apply at all. The threshold is low, and even a minor collision can be enough, although a notice may still be required if the driver was genuinely unaware that any accident had happened. No warning or notice is needed for manslaughter or for causing death by dangerous driving.

The 14-day rule

Where a notice is required and no warning was given at the time, it must be sent within 14 days of the alleged offence to you or to the registered keeper. Two things are widely misunderstood. Only the first notice has to meet the 14-day deadline, so if the vehicle is leased or is a company car, the driver often receives their own notice much later and that does not invalidate it. And the Act presumes that the requirement was met unless the contrary is proved, so the burden of showing late or defective service falls on you.

That said, the argument is a real one where the facts support it. Where a notice was sent by ordinary first class post and did not arrive within the 14 days, the High Court has held that service is not made out. We can check the dates, the address the notice went to, and how it was sent, and tell you whether the point is worth taking.

What happens after you receive a NIP?

A notice usually arrives with a request under Section 172 of the Road Traffic Act 1988 to identify the driver. You normally have 28 days to reply, and failing to provide driver details is a separate offence carrying six penalty points. After that, depending on the offence, you may receive a conditional offer of a fixed penalty, a Single Justice Procedure Notice, or a court summons.

How we can help

Whether you have an SJPN or a NIP, we can:

  • Explain your notice and your options clearly, along with the deadlines that apply
  • Assess the evidence and whether the prosecution can prove the offence, including whether a notice was validly served
  • Advise on plea, including whether pleading not guilty or asking for a hearing is in your interests
  • Prepare mitigation, for example arguing exceptional hardship against a totting-up ban
  • Represent you in court where a hearing is needed

We will check first whether you qualify for legal aid, and where you are funding privately our fixed fees for motoring offences set out the cost before any work starts.

This page covers the position in England and Wales. Scotland and Northern Ireland have their own rules and time limits, so advice there should be taken locally.

Get in touch

Not sure how to respond to your notice? Get advice before your deadline. Call Bristol or Keynsham on 01454 790673, or Cheltenham on 01454 790672, at any hour, or enquire online and we will come back to you.

Who we help

We act for drivers who:

  • Have received a Single Justice Procedure Notice for speeding, no insurance or another motoring offence
  • Have received a Notice of Intended Prosecution and are unsure what it means or how to respond
  • Are worried about penalty points, a driving ban or a criminal record
  • Were convicted without knowing about an SJP notice and want the case reopened
  • Believe a notice was served late or sent to the wrong address
  • Need to protect a licence their job depends on

Why choose Allen Hoole

  • The largest criminal defence firm in the South West, with extensive experience in motoring offences and the Single Justice Procedure
  • Clear, practical advice on deadlines and options, when time is short
  • Regulated and accredited: authorised and regulated by the Solicitors Regulation Authority, SRA number 462128, Lexcel accredited, and holding the Law Society's Criminal Litigation accreditation
  • Transparent pricing, with fixed fees for motoring offences and hourly rates published in full
  • Available 24 hours a day, with offices in Bristol, Cheltenham and Keynsham, acting for drivers across England and Wales

“Highly recommend Allen Hoole Solicitors. They’ve been amazing with my court case.” ZT, Google review

Single Justice Procedure and NIP FAQs

What happens if I ignore a Single Justice Procedure Notice?

The case can be decided without you. A single magistrate may convict and sentence you in your absence, which can mean a fine, penalty points and in some cases a disqualification, with nothing said in mitigation on your behalf. If you did not know about the notice, the case can sometimes be reopened, but it is far better to respond within the 21 days.

Does a Single Justice Procedure notice give you a criminal record?

Usually not in the sense people worry about. Most offences dealt with under the procedure are non-recordable, so they are unlikely to show on a standard DBS check, though some offences are recorded. A driving conviction is endorsed on your licence and normally has to be declared to your insurer. We can advise on the likely consequences in your case.

Can I go to court instead of using the Single Justice Procedure?

Yes. You can ask for a hearing rather than have the case decided on the papers, and if you plead not guilty the case is listed for a normal hearing in the magistrates' court. Nobody can be dealt with under the procedure against their will.

What is a Notice of Intended Prosecution?

It is a formal warning that the police are considering prosecuting you for a driving offence such as speeding or careless driving. It is not a charge, but it is an important early stage, and for the offences it applies to the warning or notice has to come within a set time.

What is the 14-day rule for a NIP?

Where a notice is required and you were not warned at the time, it must be sent within 14 days of the offence to you or to the registered keeper. Only the first notice has to meet that deadline, so a driver named by a leasing company or an employer will often receive theirs later, quite properly. The Act also presumes the requirement was met unless you prove otherwise, so the point needs evidence rather than assertion.

Do I have to respond to a NIP?

A notice usually comes with a Section 172 request to identify the driver, which you must answer, normally within 28 days. Failing to do so is a separate offence carrying six penalty points, and it applies even where you think the notice itself was served late.

Speak to a solicitor before your deadline

If you have received a Single Justice Procedure Notice or a Notice of Intended Prosecution, get advice early, before your deadline passes. Call us at any time, or send us the details and we will call you back.

Find your nearest office in Bristol, Cheltenham or Keynsham, or contact us about anything else. For related matters, see failing to provide driver details, speeding, careless driving, and our road traffic offence solicitors page.

This page provides general information about the law in England and Wales and is not legal advice. For advice on your own case, contact Allen Hoole. Allen Hoole Solicitors is authorised and regulated by the Solicitors Regulation Authority, SRA number 462128.