The offence of causing death by dangerous driving is one of the most serious and complex charges a motorist can face under UK law. Governed by Section 1 of the Road Traffic Act 1988, this charge applies when a person’s dangerous driving results in the death of another individual. A conviction carries severe penalties, including imprisonment and a lengthy driving disqualification. However, defences are available, and understanding the legal framework is crucial for those facing such allegations.
This article provides an in-depth overview of the law surrounding causing death by dangerous driving, the prosecution’s burden of proof, and potential defences that can be used to contest the charge.
Legal Framework
Under Section 1 of the Road Traffic Act 1988, a person is guilty of causing death by dangerous driving if:
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They drive a mechanically propelled vehicle dangerously on a road or other public place, and
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That driving causes the death of another person.
Dangerous Driving Defined
Dangerous driving is defined under Section 2A of the Road Traffic Act 1988. Driving is deemed dangerous if:
- It 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 manner would be dangerous.
The danger may arise from:
- The manner of driving (e.g., excessive speed, aggressive driving, ignoring traffic laws).
- The state of the vehicle (e.g., driving with defective brakes or bald tires).
What the Prosecution must Prove
Driving:
- The defendant was operating a mechanically propelled vehicle.
- The driving occurred on a road or public place.
Dangerousness:
- The driving fell far below the standard expected of a competent driver.
- The risk of danger was obvious to a competent and careful driver.
Causation:
- The dangerous driving was a significant or substantial cause of the death
- The prosecution does not need to prove that it was the sole cause but must show it contributed materially to the fatality.
Relevant Case Law
- R v Bannister [2009] EWCA Crim 1571: Established that the standard of driving is assessed objectively, irrespective of the driver’s personal skill or perception.
- R v Hughes [2013] UKSC 56: Clarified that causation requires more than mere involvement in an incident. The dangerous driving must significantly contribute to the death.
- R v Woodward [1995] 1 WLR 375: Demonstrated that dangerousness must be obvious to a competent and careful driver.
The Timeline of a Charge of Causing Death by Dangerous Driving
1. Initial Response:
- Emergency services (police, ambulance, fire) are dispatched to the scene.
- Police secure the area, provide first aid, and ensure public safety.
- The scene is treated as a potential crime scene, and evidence is preserved.
2. Scene Examination:
- Forensic collision investigators examine the scene to collect physical evidence.
- Photographs and measurements are taken to reconstruct the incident.
- Road conditions, vehicle positions, debris, and weather data are documented.
3. Witness Statements:
- Police gather statements from witnesses, including drivers, passengers, and bystanders.
- CCTV footage and dashcam recordings are reviewed for additional evidence.
4. Driver Testing:
- Drivers involved are tested for alcohol or drugs via breath tests or blood samples.
- Admissions or statements made at the scene are recorded.
5. Vehicle Examination:
- Vehicles are inspected for mechanical defects or failures.
- Black box data (if available) is retrieved to analyse speed, braking, and other factors.
6. Reconstruction and Expert Analysis:
- Specialists create a detailed model of the incident based on collected evidence.
- Factors such as speed, braking, and points of impact are analysed.
7. Interviews with Suspects:
- Drivers involved are interviewed under caution, adhering to the Police and Criminal Evidence Act 1984 (PACE).
- Suspects are informed of their legal rights, including the right to representation.
8. Coroner’s Inquest:
- The death is reported to the coroner, who investigates the cause of death.
- The coroner’s findings may influence the criminal investigation.
9. CPS Decision:
- Police submit a file of evidence to the Crown Prosecution Service (CPS).
- The CPS determines whether to charge the suspect based on evidential sufficiency and public interest.
10. Court Proceedings:
- If charged, the suspect appears in court. Cases are heard in the Crown Court due to their severity.
- The court process includes pre-trial hearings, the trial itself, and sentencing if convicted.
What Can be Done Prior to Being Charged?
Before a defendant is charged with causing death by dangerous driving, a solicitor plays a pivotal role in safeguarding their rights and influencing the trajectory of the case. A solicitor’s first task often involves attending police interviews conducted under caution to advise the client. These interviews, governed by the Police and Criminal Evidence Act 1984 (PACE), are critical moments where a client’s statements may significantly impact the case. Solicitors ensure that the client understands their right to remain silent, and they may recommend answering questions, providing a written account, or exercising the right to silence, depending on the circumstances. During this stage, they also monitor the police's conduct to ensure the interview is conducted fairly and without undue pressure, protecting the client from making admissions or statements that could be misinterpreted.
PACE sets out to strike the right balance between the powers of the police and the rights and freedoms of the public. Maintaining that balance is a central element of PACE.
In addition to advising during interviews, solicitors proactively assess the strength of the prosecution’s case. They analyse preliminary evidence such as forensic collision reports, witness statements, and police observations. Where necessary, they may request disclosure of additional evidence to identify weaknesses in the prosecution’s narrative. Solicitors often engage independent experts, such as forensic collision investigators or vehicle examiners, to analyse critical evidence, including skid marks, vehicle damage, or black box data. This independent analysis may provide an alternative explanation for the incident or challenge the police’s findings. Solicitors can also act swiftly to preserve crucial evidence, such as CCTV footage or dashcam recordings, that might otherwise be lost. Additionally, they advise clients on whether early engagement with the police, such as voluntarily providing a written statement, might be beneficial or strategically risky.
Beyond evidence gathering, solicitors play a broader role in protecting the client’s interests. They can challenge procedural irregularities, such as the unlawful collection of evidence or improper detention, and ensure that the client’s rights are upheld throughout the investigation. They also prepare clients for potential outcomes, offering advice on bail applications and preventive measures if an arrest seems likely. From the outset, solicitors begin formulating potential defence strategies, including disputing causation, arguing that the driving did not fall “far below” the required standard, or highlighting external factors like adverse weather conditions or mechanical failure. They may also explore mitigating factors, such as sudden medical emergencies or the victim’s contributory actions. In addition to their legal work, solicitors provide much-needed emotional support and practical guidance, helping clients navigate the complex and often overwhelming investigation process with confidence and clarity.
Defending Once Charged with Causing Death by Dangerous Driving
While the charge is serious, there are several potential defences that may result in reduced penalties or acquittal. Below, we discuss key defences and how they can be used effectively.
1. Challenging Dangerousness
The defence can argue that the defendant’s driving did not fall “far below” the standard expected of a competent and careful driver. This often involves demonstrating that:
- The defendant’s actions were not significantly different from ordinary lapses seen in everyday driving.
- The situation was caused by external factors beyond the driver’s control (e.g., weather conditions or mechanical failure).
Example: If the driver swerved to avoid a sudden obstacle, their actions may not constitute dangerous driving, as they could be considered a reasonable response.
2. Disputing Causation
To secure a conviction, the prosecution must prove that the dangerous driving significantly contributed to the death. The defence may argue that:
- The death was caused by an independent factor, such as the victim’s actions (e.g., stepping into the road without warning).
- The defendant’s driving, while imperfect, did not materially contribute to the fatality.
Case Reference: R v Hughes [2013] UKSC 56: The court ruled that a causal link must be established. If the death would have occurred regardless of the defendant’s driving, causation is not satisfied.
3. Mechanical Defects
If the vehicle’s dangerous condition caused the incident, the defence may argue that the driver was unaware of the defect. For this defence to succeed, the driver must demonstrate they took reasonable steps to ensure the vehicle was roadworthy.
Example: A sudden brake failure could absolve the driver if they can show the defect was unforeseeable.
4. Medical Emergencies
A sudden and unforeseeable medical condition (e.g., a heart attack or seizure) that caused the driver to lose control may provide a complete defence. The defendant must provide medical evidence to support this claim.
5. Procedural Defences
If police or prosecution fail to follow correct procedures, the defence can challenge the validity of the charge. Examples include:
- Improperly obtained evidence.
- Failing to caution the defendant correctly during an interview.
Penalties for Causing Death by Dangerous Driving
The offence carries severe penalties, reflecting its seriousness:
- Imprisonment: Up to 14 years.
- Driving disqualification: Minimum 2 years, with a requirement to pass an extended re-test.
- Unlimited fine: In addition to imprisonment, in some cases.
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Aggravating Factors:
The following circumstances can increase the severity of the sentence:
- Driving under the influence of alcohol or drugs.
- Excessive speed or racing.
- Use of a mobile phone while driving.
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Mitigating Factors:
Factors that may reduce the sentence include:
- Evidence of genuine remorse.
- Lack of previous convictions.
- Victim’s contributory negligence (e.g., not wearing a seatbelt).
Conclusion
Facing a charge of causing death by dangerous driving is a daunting experience, but understanding the legal principles and potential defences can provide clarity and reassurance. Key elements of the charge—including dangerousness, causation, and contributory factors—must all be proven beyond a reasonable doubt for a conviction.
For those accused, building a strong defence may involve challenging the prosecution’s evidence, raising doubts about causation, or demonstrating mitigating factors. Each case is unique, and seeking expert legal advice is essential to navigating this complex area of law.
If you or someone you know is facing such charges, our experienced legal team is here to help. Contact us for a confidential consultation to discuss your case and explore your options.
