Causing Serious Injury by Dangerous Driving (Section 1A Road Traffic Act 1988)

Causing Serious Injury by Dangerous Driving is an offence under s.1A Road Traffic Act 1988. A person commits the offence if he causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place (s.1A(1)). In England and Wales "serious injury" means physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861 (s.1A(2)(a)). A person drives dangerously if, and only if, the way he drives falls far below what would be expected of a competent and careful driver and it would be obvious to such a driver that driving in that way would be dangerous, or if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous; "dangerous" refers to danger either of injury to any person or of serious damage to property (s.2A(1) to (3)). A different standard, that of a competent and careful constable who has undertaken the same prescribed training, applies to a designated person driving for police purposes who has undertaken prescribed training (s.2A(1A) and (1B)). Maximum sentence: on summary conviction, imprisonment for 12 months, the statutory maximum fine or both, the reference to 12 months being read in England and Wales as the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020, s.224(1A)(b)); on conviction on indictment, imprisonment for 5 years, a fine or both; disqualification and endorsement are obligatory, with 3 to 11 penalty points (Road Traffic Offenders Act 1988, Schedule 2).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).