Causing death while driving unlicensed, uninsured or disqualified
Produced in partnership with Alex McHugh of Pump Court Chambers
Practice notesCausing death while driving unlicensed, uninsured or disqualified
Produced in partnership with Alex McHugh of Pump Court Chambers
Practice notesCausing death by driving while disqualified
Section 3ZC of the Road Traffic Act 1988 (RTA 1988) creates the offence of causing death by driving while disqualified.
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:
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a person causes the death of another by driving a motor vehicle on a road, or
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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.
Causing serious injury by driving while disqualified
Where there has not been a death but rather a serious injury,
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