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Policy for prosecuting cases of bad driving - Crown Prosecution ...

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<strong>Policy</strong> <strong>for</strong> Prosecuting Cases <strong>of</strong> Bad Driving2.32 It can be found in Section 12A <strong>of</strong> the Theft Act 1968 andis committed if, after the vehicle is unlawfully taken butbe<strong>for</strong>e it is recovered, any one or more <strong>of</strong> the followingoccurs:• the vehicle is driven dangerously on a road or otherpublic place;• owing to the <strong>driving</strong> <strong>of</strong> the vehicle, a collision occurs bywhich injury is caused to any person;• owing to the <strong>driving</strong> <strong>of</strong> the vehicle, a collision occurs bywhich damage is caused to any property, other thanthe vehicle;• damage is caused to the vehicle.2.33 The <strong>of</strong>fence can be tried in the magistrates’ court or in the<strong>Crown</strong> Court. At the <strong>Crown</strong> Court the maximum sentenceis normally 2 years’ imprisonment, except where anycollision has caused the death <strong>of</strong> the victim, in which casethe maximum sentence is 14 years’ imprisonment.2.34 Disqualification from <strong>driving</strong> <strong>for</strong> a minimum period <strong>of</strong> 12months is obligatory.The role <strong>of</strong> the CPS3.1 It is the responsibility <strong>of</strong> the police to investigateallegations <strong>of</strong> crime and to gather evidence about whatoccurred.3.2 It is the responsibility <strong>of</strong> the CPS to decide charges in all10

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