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Hit and Run after causing personal injury or death.
RoadPeace is highlighting the offence of Hit and Run in 2003,
but particularly during August, which for the sixth year is
being observed as National Road Victim Month. Hit and Run is
a particularly reprehensible offence because the victim will suffer
more or die as a result of further road danger and a delay in
obtaining medical help. Additionally, there is great difficulty in
claiming compensation through the MIB. This offence is approaching
an epidemic in metropolitan areas. In the North West of England,
50% of all crashes involve 'hit and run' and one third of all cars
are not fully documented.
Nationally 4% of cars are driven without road tax, costing the
taxpayer £185 million per year, and 4-6% without
insurance, adding about £30 to the premiums of
conforming motorists. All drivers of those cars have reason not to
be identified if involved in a crash.
The strengthening of the drink drive legislation had brought a
marked increase in hit and run cases, but this is now exacerbated
by a growing number of unqualified or disqualified drivers, who too
leave the scene.
This growing problem is not being addressed by an
appropriate legal response. There is a failure to use the
manslaughter charge, as suggested in Wilkinson's Traffic Law,
Section 5.65.
The two charges of 'Leaving the Scene' and 'Failing to stop'
attract only a maximum sentence of six months in prison and CPS
guidelines are against bringing both charges. Of 15,392 proceedings
for 'Failing to stop' in 2001, only 396 resulted in immediate
custody and of 12, 377 for 'Failing to report' in 2001, only 168
resulted in immediate custody. The figures for proceedings and
custody for both offences have remained very similar since
1997.
In other countries, failure to provide assistance is viewed
far more seriously, for example the French Good Samaritan Law
applies even to passers by, and therefore much more to drivers
involved in the crash.
Drivers who are over the limit may leave the scene to escape a
charge of Causing Death by Careless Driving whilst under the
Influence of Drink or Drugs (max. sentence 10 years, soon 14) and
sometimes report to the police later. The charge of 'Driving
without Due Care and Attention', which they will then face, will
attract only points, at most a disqualification, and a fine.
We had always believed that this conduct should be addressed
by the charge of 'Perverting the Course of Justice', but in a
recent case (R v Clark on 4 April 2003) the Court of Appeal stated
that the ambit of the charge of Perverting the Course of Justice
was not to be extended to cover a case where a driver left the
scene of a fatal crash to avoid the breathalyser. This is certainly
an area of public interest and we are also aware of cases where
drivers leave the scene because they have no licence or are
disqualified. Manslaughter would require proof of a causal link
between the driver's leaving of the scene and the death. If the
victim was seriously injured rather than killed, manslaughter would
obviously not be available and offences under the Offences Against
the Person legislation would require proof of intent to harm. A
charge of 'Aiding and Abetting' could be brought against fellow
'joy riders' or passengers encouraging law breaking, but this
virtually never happens.
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