CPS Consultation on prosecuting bad driving
Background
This is the first time the CPS has consulted on their
prosecution policy on cases involving bad driving. It is focused,
but not exclusive, to cases involving deaths
It is important to note that the CPS consultation does not
consider whether new offences should be created or the nature of
sentences for offences. These have been decided in the Road Safety
Act 2006. However, there are areas where CPS policy can have a
clear effect on the way cases are dealt with. One of the key
questions the CPS is asking is:
- What sort of behaviour or actions by drivers should constitute
dangerous driving and what should constitute careless driving?
The current CPS charging standards classify the following
actions as 'careless' or 'driving without due care and attention',
even if they result in the death of another road user:
- driving through a red light
- emerging from a side road into the path of
another vehicle
- using a mobile phone while driving or tuning a
car radio
- reading a newspaper or map
- selecting or lighting a cigarette
- speeding (unless 'highly inappropriate' for road
conditions)
Other opinions being consulted on are:
- views on momentary inattention and single
misjudgements
- views on cases involving excessive speed where
decisions as to whether driving was 'careless' or 'dangerous' were
not clear
- what information do victims and victims' families
want and when do they want this?
- should case prosecutors attend the inquest, attend
court and prosecute traffic cases particularly where a death has
occurred?
- how should cases involving the death of a family
member or close friend be prosecuted? (The current presumption is
against charging the driver with any offence
Key questions
The CPS has asked ten specific questions:
1. What are your views on the approach proposed and in
particular where do you think the boundaries between causing death
by dangerous driving and gross negligence manslaughter may lie?
2. Does the guidance for prosecutors (including the examples
cited for each offence) need amending? If so, please say why.
3. What are your views on momentary inattention and single
misjudgments? Where do you think the boundaries are between
dangerous and careless driving?
4. Please provide any views, comments and examples of cases
involving excessive speed where the decision as to whether the
driving was careless or dangerous was not clear.
5. Please provide any views and comments on prosecution practice
in the area of employer/corporate liability.
6. What do you think of the proposed revision of the CPS
'nearest and dearest' policy?
7. Please provide any views and comments on the following:
a. Where do you think the CPS currently falls down in terms of
victim and witness care on road traffic cases, in particular those
involving a death?
b. What steps in your view can be taken to rectifying these
failures and improve witness care, in particular offering an
enhanced service to bereaved families?
8. Should case prosecutors regularly attend court and prosecute
road traffic cases where a death has occurred?
9. Is there any part of the document which you strongly disagree
with? If so, please identify which paragraph and provide a brief
explanation as to why you disagree?
10. Have you any other comments about the document not
previously mentioned?
RoadPeace response
RoadPeace will submit a response after consulting with its
members, police, Safer Street Coalition partners, and criminal and
civil justice professionals.
For more information, please contact RoadPeace, or see www.cps.gov.uk where a copy of the
consultation can be downloaded.
The closing date for responses is 16 March 2007
and can be emailed to the CPS on baddriving.cpsconsultation@cps.gsi.gov.uk,
or posted to them at
CPS Bad Driving Consultation, Policy Directorate
United House, Piccadilly
York YO1 9PQ
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