12.07.2015 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

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

<strong>Policy</strong> <strong>for</strong> Prosecuting Cases <strong>of</strong> Bad DrivingAggravated Vehicle Taking5.35 We may use this charge where the vehicle being driven<strong>bad</strong>ly has been taken without the consent <strong>of</strong> the owner orother person authorised to give consent.5.36 Where the manner <strong>of</strong> <strong>driving</strong> falls far below the standardrequired the driver will probably be charged withdangerous <strong>driving</strong>, because on conviction <strong>for</strong> that <strong>of</strong>fencethe court has power to order the driver to take a re-testbe<strong>for</strong>e <strong>driving</strong> again, a power which is not available onconviction <strong>for</strong> aggravated vehicle taking.5.37 Where there is evidence <strong>of</strong> dangerous <strong>driving</strong> leading to afatal collision, we will normally charge the driver with the<strong>of</strong>fence <strong>of</strong> causing death by dangerous <strong>driving</strong>, so that thesentencing court has power to order the driver to take anextended retest be<strong>for</strong>e <strong>driving</strong> again. This power is notavailable <strong>for</strong> aggravated vehicle taking.5.38 Where there is no evidence that the manner <strong>of</strong> <strong>driving</strong> fellbelow the standard required, but there is evidence that thevehicle was taken without consent, we shall chargeaggravated vehicle taking where there has been a collision,as a result <strong>of</strong> which, either personal injury, or damage toproperty other than the vehicle, has been caused. We willalso use the charge in <strong>cases</strong> where there is no evidence <strong>of</strong>a collision, but there is evidence <strong>of</strong> damage to the vehicleitself.25

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

Saved successfully!

Ooh no, something went wrong!