Driving offences involving fatalities
When a death occurs on the road in circumstances which suggest an offence has been committed, the police will investigate.
Whether an offence has been committed will depend on the conduct of the driver of the vehicle. Where a death has been caused, one of the following offences may have been committed:
- careless driving or inconsiderate driving - section 3 Road Traffic Act (RTA) 1988;
- causing death by careless driving when under the influence of drink or drugs - section 3A RTA 1988;
- causing death by dangerous driving - section 1 RTA 1988;
- manslaughter - contrary to common law;
- causing death by careless, or inconsiderate, driving - section 20 Road Safety Act 2006;
- causing death by driving: unlicensed, disqualified, uninsured drivers (section 21, Road Safety Act 2006).
The offence of driving without due care and attention is committed when the driving falls below the standard expected of a reasonable, prudent and competent driver in all the circumstances of the case.
A person drives dangerously when:
- the way he drives falls far below what would be expected of a competent and careful driver; and
- it would be obvious to a competent and careful driver that driving in that way would be dangerous.
The manner of the driving must be considered objectively. In practice, the difference between the two types of bad driving will depend on the degree to which the driving falls below the minimum acceptable standard. If the manner of the driving is below that which is expected, the appropriate charge will be careless driving; if the manner of the driving is far below that which is expected, the appropriate charge will be dangerous driving. There is no statutory guidance about what behaviour constitutes a manner of driving which is "below" and "far below" the required standard.
Where a death has occurred it is especially important that offenders are brought to justice.
When considering the appropriate charge, it is the behaviour that is the deciding factor, ie whether the driving was careless or dangerous rather than the consequences.
The Road Safety Act 2006 introduced the offences of causing death by careless or inconsiderate driving (section 20) and causing death by driving: unlicensed, disqualified or uninsured drivers (section 21). These offences came into effect on August 18 2008. Causing death by careless driving carries a maximum sentence of five years' imprisonment, an unlimited fine or both, at Crown Court. A section 21 offence carries a maximum sentence of two years' imprisonment, an unlimited fine or both, at Crown Court.
The Crown Prosecution Service published a policy on bad driving in December 2007. The policy sets out examples of what is likely to be regarded as dangerous, careless or inconsiderate driving. It is available on this website in the Publications section.