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

Policy for Prosecuting Cases of Bad Driving5.12 Some sections of the public consider that we should oftencharge gross negligence manslaughter instead of causingdeath by dangerous driving.5.13 There are two arguments put forward to support this view:• first, that the public is now increasingly less tolerant ofbad driving and convictions for gross negligencemanslaughter may be more likely;• secondly, because manslaughter carries a highermaximum penalty, it better reflects the gravity of theoffence.5.14 However, the position is not straightforward. Prosecutorsmay have one or more statutory offences available to them(causing death by dangerous driving and causing death bycareless driving whilst unfit through drink or drugs) incases where there has been a fatal collision caused by baddriving. Before a charge of gross negligence manslaughterwill be preferred, there must be something to set the caseapart from one where one of the statutory offences can beproved.5.15 As a matter of law, it is more difficult to prove an offenceof gross negligence manslaughter than it is to prove anoffence of causing death by dangerous driving. It is notnecessary to have evidence of an obvious and serious riskof death to prove an offence of causing death bydangerous driving. All that is required is evidence that thedriving was dangerous and that the driving caused thedeath of another person.18