14.06.2014 Views

newsletter - RoadPeace

newsletter - RoadPeace

newsletter - RoadPeace

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

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

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!