Quoted message said:wafflycat wrote "Can those who know the technicalities of the law
advise me, please - I
thought that 'death by reckless driving' had been changed to 'death by
dangerous driving' some time ago. Am I thinking completely out of my
tree
here?? "
I think both offences still exist.
CPS Chapter and verse:
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:
a.. careless driving or inconsiderate driving - section 3 Road Traffic Act
(RTA) 1988;
b.. causing death by careless driving when under the influence of drink or
drugs - section 3A RTA 1988;
c.. causing death by dangerous driving - section 1 RTA 1988;
d.. manslaughter - contrary to common law (rarely - used mainly where a
person intends to cause some harm, eg by deliberately driving into someone).
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. If a death has
occurred as a result of careless driving, this can only be reflected in the
charge if the driver is under the influence of drink or drugs. There is no
offence of causing death by careless driving. A person drives dangerously
when:
a.. the way he drives falls far below what would be expected of a
competent and careful driver; and
b.. 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. But, as the law stands, death does not, by itself, turn
an accident into careless driving or turn careless driving into dangerous
driving.
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. However, The CPS requires that in any prosecution for
driving without due care and attention, where a death has resulted from the
manner of the driving, those presenting the facts of the case to the court
should give full details, including the fact that a death resulted.
pk
