JUSTICE » Appropriate Prosecution
Appropriate Prosecution
The problem
- Law breaking committed with vehicles is treated much more leniently than with other dangerous machinery, or other crime committed on the street.
- Although, like rape, victims often feel that they are on trial, there has been no corresponding attempt to improve the sensitivity of prosecution. Prosecutors do not receive specialised training; they rarely visit the crash site or attend any inquest.
- There is a lack of transparency with the charging decision in road crashes, especially by the police in injury collisions, and the number of drivers in crashes that have broken the law is not counted.
- Nor is there monitoring of the number of innocent victims injured by Dangerous Driving, Careless Driving, or Drink-Driving, as these charges do not mention when an injury has resulted.
- Insufficient priority is given to keeping dangerous drivers off the road. Driving bans are short and can overlap with custodial sentences. It is a sad indictment of our society that we will imprison drivers before we will confiscate their vehicles and that we will crush vehicles for being driven without insurance but not for being driven dangerously when this has resulted in someone’s death or injury.
- There is a misperception that many drivers are convicted and imprisoned, when there are less than 250 drivers convicted a year of causing death by dangerous driving or careless driving whilst under the influence.
What RoadPeace wants
- Greater consistency with other crime, with drivers held accountable for the risks they pose to others.
- Increased penalties for dangerous driving.
- Training and more resources invested in prosecutors handling fatal and serious injury cases.
- Transparency with charging decisions, convictions and sentences, by both CPS and the police.
- Prosecution of Motoring Offences to be reviewed by Her Majesty’s Constabulary Inspectorate and Her Majesty’s Crown Prosecution Service Inspectorate.
- Much greater use of driving bans, vehicle confiscations and financial penalties.
- Violent crime statistics to include offences of dangerous, careless, impaired driving or speeding, where someone has been injured.
What RoadPeace is doing about it
- Acting as a watchdog and publicising the available prosecution and conviction statistics and highlighting the missing data.
- Lobbying for improved training of CPS solicitors.
- Campaigning for Transparency and Accountability with the legal outcome of reported motoring offences published.
- Campaigning for longer driving bans and greater use of vehicle confiscation with drivers who kill, injure or intimidate others.
- Held a discussion in 2012 on how bad driving is defined and prosecuted within the criminal justice system. Further details can be found here.
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