Summons for Failing to Stop

[Where am I?]

My head's a shed at the moment so ANY help/advice would be greatly appreciated.

 

In September,my son (motor biker) was involved in an altercation with a female car driver. There was an argument but no collision or accident so he drove off. He received a call about 2 weeks later asking him to give a witness statement at the police station,which he did.The driver had reported him, claiming he had damaged her car and assaulted her, which is not true. He received a letter about two weeks from his solicitor informing him that the police were to take no further action and the matter was concluded. He was not arrested, charged or bailed. Also, he has not received a Notice of Intended Prosecution (NIP). He thought the matter was finished with but now received a summons to go to the Magistrates Court on three offenses, failing to stop, failing to give name and address and a section 39 assault.

I have found case law that for a prosecution to succeed a NIP is required if the driver is unaware of an accident taking place (Metropolitan Police v Scarlett [1978] Crim LR 234 and Bentley v Dickinson [1983] RTR 356.

 

Does anyone know the procedure, i.e.if a driver was unaware of an accident they should receive an NIP before going to court?

[Aretnap]

A NIP is only required for certain offences - those to which Section 1 of the Road Traffic Offenders Act applies. They're listed here, and as you can see don't include failure to stop, failure to report or common assault. So the NIP argument is a non-starter I'm afraid.

 

Added: IIRC there is case law to the effect that a driver has a defence to failure to stop/report if he was unaware of the accident, and could nor reasonably have been expected to be aware of it (so closing your eyes and blocking your ears doesn't count) but if she claimed at the scene that he'd damaged her car I'm not sure that he'd be able to rely on that. And if she didn't claim there'd been an accident, presumably she didn't ask him for his details. Sounds like it's more a case of arguing whether there was an accident and/or assault at all, and that's likely to come down to how credible he and she (and any other witnesses) are in court.

Edited November 18, 2012 by Aretnap

[Where am I?]

Thanks for your reply. He did not know that he had allegedly damaged her car until he gave his witness statement. He could not exchange details as she assaulted him whilst he was stationary at traffic lights.

Edited November 18, 2012 by Where am I?

[Kiki1]

Have you kept the letter from the police ?

 

Have you spoken to the officer that took the details when your son attended the station ?

[Where am I?]

Thanks for your kind reply. We have the letter from the duty solicitor which stated 'after the interview, the officers confirmed that no further action would be taken against you in respect of this matter. Last Thursday he received his summons! We are very confused

[Guest]

other party claiming assault as well. unfortunately, tis not up to the police but the cps on referral. best bet is to consult a criminal solicitor. or, at court consult duty sol on the day. any 'legal aid' will then be determined.

Edited November 19, 2012 by Ford