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What if I don't sign the Notice of Intended Prosecution?

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It is thought in some quarters that a notice requiring information to be provided under Section 172 of the Road Traffic Act 1988 does not have to be signed by the person from whom the information is requested.

This is incorrect. 

A number of court decisions have confirmed that

  • the information provided does not infringe Human Rights legislation (incrimination of self or others)
  • a caution is not required under the Police and Criminal Evidence Act 1984 prior to returning the information requested
  • this information should be returned, signed, in the format laid out in the notice 

 If a notice is returned unsigned, the keeper is open to prosecution for failing to provide the driver details.