Causing Death by Driving While Disqualified (Section 3ZC Road Traffic Act 1988)

Causing Death by Driving While Disqualified is an offence under s.3ZC Road Traffic Act 1988. A person is guilty of the offence if he or she causes the death of another person by driving a motor vehicle on a road and, at that time, is committing an offence under s.103(1)(b) of the Act (driving while disqualified) (s.3ZC). The section was inserted on 13 April 2015 by the Criminal Justice and Courts Act 2015, s.29. Maximum sentence: on conviction on indictment, 10 years' imprisonment or a fine or both (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. 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).