Causing Death by Careless or Inconsiderate Driving (Section 2B Road Traffic Act 1988)

Causing Death by Careless or Inconsiderate Driving is an offence under s.2B Road Traffic Act 1988. A person commits the offence if he causes the death of another person by driving 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 place (s.2B). A person drives without due care and attention if, and only if, the way he drives falls below what would be expected of a competent and careful driver, having regard not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused (s.3ZA(2) and (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.3ZA(2A) and (2B)). A person drives without reasonable consideration for other persons only if those persons are inconvenienced by his driving (s.3ZA(4)). Maximum sentence: on summary conviction in England and Wales, imprisonment for the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020, s.224(1A)(b)), the statutory maximum fine or both; 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. Fatal road traffic collisions require forensic collision investigation. The driver must be cautioned and is entitled to legal representation. Scene preservation is critical. Consider whether an FLO (Family Liaison Officer) should be deployed. 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).