The guidance is designed to help prosecutors when charging and reviewing cases. We have consolidated, updated and amended these two documents into this latest guidance. The guidance replaces the two previous documents published in 2007, which set out how the CPS would approach driving related incidents: "Guidance on Prosecuting Cases of Bad Driving" and the "Policy for Prosecuting Cases of Bad Driving". This guidance deals with a number of the most serious offences that directly result from or relate to a driving incident and the way in which a motor vehicle has been driven. The Crown Prosecution Service (CPS) recognises that being open and transparent about how our practices and procedures are applied by prosecutors when reaching charging and other casework decisions is vital to increasing public confidence in the way we operate.
Driving without reasonable consideration.
Failure to due care drivers#
Causing serious injury by driving: disqualified drivers.Causing serious injury by dangerous driving.Causing death by driving whilst disqualified.Causing death by driving while unlicensed or uninsured.Causing death by careless driving under the influence of drink or drugs.Causing death by careless or inconsiderate driving.Factors that are not relevant in deciding whether an act is dangerous or careless.Seizure of Vehicles - Fatality or Serious Injury cases.Allocation (Mode of Trial) in Cases Involving a Death.Referral of Fatal Collision/Manslaughter Cases.General issues of relevance to driving offences.Other public interest considerations when charging offences arising from driving incidents.Drivers of emergency service vehicles and drivers in emergencies.
Failure to due care driver#
Death in driving cases where the victim is a close friend or relative of the driver ("Close friends and family" cases).Application of the Code for Crown Prosecutors.“Prescribed training” is that which complies with Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022, in force as of 30 November 2022. Prosecutors should note that from 26 October 2022, sections 5 and 6 of the Police, Crime, Sentencing and Courts Act 2022 mean that police drivers who fall within the definition of a ‘designated person’, who are driving for police purposes and who have completed the prescribed training should have the standard of their driving (for the purposes of dangerous or careless driving) assessed against the standard of a careful and competent constable who has undertaken the same prescribed training. This legal guidance is currently being updated.
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