newsletter - RoadPeace
newsletter - RoadPeace
newsletter - RoadPeace
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Criminal<br />
prosecution<br />
CPS not making charging decisions in<br />
fatal cases<br />
OVER the past year, <strong>RoadPeace</strong> has been helping Andy Auld, a bereaved father, whose<br />
14 year old daughter Tiffany was killed crossing the road. The South Yorkshire Police<br />
decided there was insufficient evidence for a prosecution and did not pass the collision<br />
investigation file to the CPS. On the CPS website, the Director's Guidance on Charging<br />
states that the CPS are to make the charging decision in cases involving a death.<br />
<strong>RoadPeace</strong> raised this issue first with the South Yorkshire CPS and then with the CPS<br />
Policy Headquarters. Both have stated that the police have the power to decide if a case<br />
does not pass the evidence threshold and in these cases, decide no further action is<br />
justified without consulting the CPS.<br />
<strong>RoadPeace</strong> is shocked that the police are allowed to investigate a fatal crash and then<br />
have the power to decide no further action, without any external check. At a time when<br />
police budgets are being cut and collision investigation resources will be affected, there<br />
is a greater need than ever for the charging decision to be made by an organisation not<br />
responsible for the investigation. ■<br />
Tiffany Auld<br />
Causing death by careless driving<br />
concern<br />
INTRODUCED two years ago, <strong>RoadPeace</strong> and CTC are worried<br />
that Causing Death by Careless Driving is being used as an<br />
easy option instead of the tougher Causing Death by<br />
Dangerous Driving. <strong>RoadPeace</strong> contacted the CPS Policy unit<br />
about this problem and were informed that there is no central<br />
monitoring being undertaken on how often a charge is being<br />
downgraded but that the Chief Crown Prosecutor in each<br />
local CPS area is to approve all charging decisions in causing<br />
death by driving cases, including when the charge has been<br />
altered.<br />
One example of why we are worried can be seen in the case<br />
of Alex Cameron-Young. Alex was only 17 when he was hit<br />
and killed by a taxi driver in Preston in May 2009. The driver<br />
admitted seeing Alex in the road from 100 metres away but<br />
he thought Alex was playing chicken and did not brake. He<br />
only swerved when it was too late to avoid hitting Alex. The<br />
CPS initially agreed to a charge of Causing Death by<br />
Dangerous Driving but four days before the trial, the charge<br />
was downgraded to Causing<br />
Death by Careless Driving, to<br />
which the driver pleaded<br />
guilty. Beverley Cameron-<br />
Young, Alex’s mother and a<br />
<strong>RoadPeace</strong> member,<br />
criticised the CPS in her<br />
victim personal statement<br />
and is lodging a complaint<br />
against the CPS.<br />
Alex Cameron-Young<br />
Courts closure<br />
IN an attempt to save £15million a year, the government is<br />
proposing to close 103 magistrates’ courts and 54 county<br />
courts, out of the 530 currently open. The vast majority of<br />
motoring offences, including those involving serious injury<br />
collisions, are heard in the Magistrates Court, where they have<br />
already been reported to have lost almost 15% of their staff in<br />
recent years. This is bound to add to further delays in court<br />
hearings. Nor is the situation helped by the turning off of so<br />
many speed cameras which will require more speeding<br />
prosecutions to be heard by Magistrates.<br />
Totters still driving<br />
A FREEDOM of Information Act request by a newspaper<br />
revealed over 11,000 motorists had been allowed to continue<br />
driving, despite ‘totting’ up more than 12 penalty points on<br />
their driving license. One in four drivers facing disqualification<br />
was allowed to continue driving under the ‘exceptional<br />
hardship’ provision. Of these, 90% had been allowed to<br />
continue driving by magistrates. <strong>RoadPeace</strong> argued in media<br />
interviews that these drivers were repeat offenders and should<br />
be removed from the road.<br />
Ken Clarke and Restorative Justice<br />
THE new Minister for Justice, Ken Clarke, has announced his<br />
intention to reduce the number of offenders serving short<br />
custodial sentences and to promote restorative justice. At<br />
present, less than 5% of victims are given this option. At the<br />
<strong>RoadPeace</strong> North West remembrance ceremony on 31 August<br />
in Liverpool, Reverend Martin Earle, the chaplain at Altcourse<br />
Prison, spoke about the restorative justice programme he<br />
coordinates at the prison. He himself is bereaved as his<br />
brother was killed by a reckless driver.<br />
autumn 2010 7