Finding support » Practical information for the bereaved » Criminal prosecution » Charging decision
Charging decision
Road deaths are unnatural deaths and while most involve another party, only a minority will involve a criminal prosecution. The charging decision determines if someone, almost always a driver, is to be prosecuted for causing the fatal crash.
It is also possible for a driver in a fatal crash to be prosecuted for a minor offence that does not mention the death. This happens in such cases as where there is a defective tyre but no evidence that driver error was involved.
The decision to charge a driver is both critical for justice and complex. RoadPeace has therefore provided a detailed guide to the process and the factors which can influence it.
This guide covers the following areas:
• Who makes the charging decision
• What it is based on
• When is it made
• What criminal charges are considered
• Recent prosecutions and convictions
• Meeting the Crown Prosecution Service (CPS) to discuss it
• Rights of bereaved families
We have included a checklist of questions to be asked before and at the meeting with the CPS where the charging decision is explained. This is attached in Appendix A of the guide.
Download RoadPeace Charging Guide
