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

Policy for Prosecuting Cases of Bad Driving4.12 While we must always be able to exercise discretion incases where prosecution would be oppressive orinsensitive, we believe that the public interest will normallydemand that a prosecution takes place in cases of causingdeath by dangerous driving or causing death by carelessdriving when under the influence of drink or drugs orfailing to provide a specimen, and that is now our policy inthese cases.4.13 The Road Safety Act 2006 13 introduces new offences ofcausing death by careless driving and causing death bydriving whilst uninsured, disqualified or unlicensed. Inthese cases we may exercise our discretion not toprosecute in cases where the degree of culpability on thepart of the driver is low, or where the circumstances of thecase would make it unjust to prosecute.4.14 In such cases, we may consider whether, for example, thestandard of driving fell below that required by the law onlyas a result of a true error of judgement.4.15 Where the illegality arose as a result of a genuine mistakeon the part of the driver, for example, a mistaken beliefthat he/she was insured, it may not necessarily be in thepublic interest to prosecute the driver where the deceasedwas a close relative or friend.13As at 6.12.07 these provisions were not in force.14