The following Corporate Crime guidance note Produced in partnership with Red Lion Chambers provides comprehensive and up to date legal information covering:
Section 3ZC of the Road Traffic Act 1988 (RTA 1988) creates a separate offence of causing death by driving while disqualified (see: RTA 1988, s 3ZC). Prior to April 2015, this offence had been part of RTA 1988, s 3ZB offence of causing death while driving unlicensed or uninsured, however, it was considered that causing death by driving while disqualified was a more serious offence which warranted separate provision. Disqualified drivers who cause death are therefore dealt with separately from uninsured and unlicensed drivers.
This offence is indictable only and carries the most severe potential sentence (see below: Sentencing for causing death while driving offences committed while unlicensed, uninsured or disqualified).
The offence of causing death by driving while disqualified is committed when:
a person causes the death of another by driving a motor vehicle on a road, or
at the time of causing the death, the driver was driving while disqualified contrary to RTA 1988, s 103(1)(b)
RTA 1988 defines a 'motor vehicle' as a mechanically propelled vehicle intended or adapted for use on a road.
The term 'road' is defined in RTA 1988 as including any highway and any other road to which the public has access, including bridges over which a road passes.
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