The following Corporate Crime guidance note Produced in partnership with 18 Red Lion Court provides comprehensive and up to date legal information covering:
If a person drives a car carelessly or without consideration for other road users and their driving causes the death of another person, they may be guilty of causing death by careless driving under the Road Traffic Act 1988, s 2B (RTA 1988).
Death by careless driving is an either-way offence that can be tried in the Crown Court or the magistrates’ court.
The prosecution must prove that the defendant:
caused the death of another person
a mechanically propelled vehicle
on a road or other public place
without due care and attention, or without reasonable consideration, for other persons using the road or public place
Guidance on charging offences arising from driving incidents has been updated by the CPS. The two most significant changes from previous guidance concern drivers in emergencies and deaths where the victim is a close friend or relative of the driver. Prosecutors will look at all of the facts of a case when making charging decisions and where the driver was responding to an emergency and took proper care, it is unlikely he would be charged.
Where the accident has resulted in the death of a friend or family member the emotional trauma suffered by the driver and
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