The following Corporate Crime guidance note Produced in partnership with 18 Red Lion Court provides comprehensive and up to date legal information covering:
Dangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be tried in the Crown Court or the magistrates’ court.
To be guilty of an offence a person must:
a mechanically propelled vehicle
on a road or other public place
The offence of causing injury by dangerous driving is prohibited by RTA 1988, s 1A.
This is an either way offence.
The elements of the offence are the same as for dangerous driving with the additional element that the driving must cause serious injury. Serious injury means physical harm which amounts to grievous bodily harm for the purposes of the Offences Against the Person Act 1861.
A person is considered to be driving if the vehicle, when moving, is subject to their control and direction.
The driver must be either:
in the driving seat, or
in control of the steering wheel, and
have something to do with the propulsion of the vehicle
If a person is in the driving seat when a vehicle is in motion he is deemed to be the driver and the onus is on him to show that he is not responsible, eg in circumstances in which
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234