Causing Death by Dangerous Driving (Section 1 Road Traffic Act 1988)

Causing Death by Dangerous Driving is an offence under s.1 Road Traffic Act 1988. A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence (s.1). 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 a competent and careful driver that driving in that way would be dangerous (s.2A(1)), or if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous (s.2A(2)). "Dangerous" refers to danger either of injury to any person or of serious damage to property, and regard is had not only to the circumstances the driver could be expected to be aware of but also to any circumstances shown to have been within the knowledge of the accused (s.2A(3)). A separate test applies to a designated person driving for police purposes who has undertaken prescribed training (s.2A(1A) and (1B)). Maximum sentence: on conviction on indictment, imprisonment for life (Road Traffic Offenders Act 1988, Schedule 2, Part I). The offence is triable only on indictment.

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). 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).