Appropriate Prosecution
Road traffic crime is not treated as real crime.
The justice system – and society, in general – is reluctant to hold drivers accountable for the harm they cause.
There are key problems with:
- Criminal charges (The law)
- Charging decisions
- Court prosecution
Criminal Charges
We have a mess of driving offences and our legislations suffers from both gaps and overlaps.
RoadPeace’s first and main campaign for over 15 years was to get death and serious injury mentioned in the criminal charges. We wanted culpable road deaths to be prosecuted as manslaughter—as other wrongful deaths are.
Our multitude of driving offences includes:
- Causing death by dangerous driving
- Causing death by careless driving whilst under the influence
- Causing death by driving whilst disqualified
- Causing death by careless driving
- Causing death by driving whilst unlicensed, disqualified and uninsured
And for serious injury we have:
- Causing serious injury by dangerous driving
- Causing serious injury by disqualified driving
The Ministry of Justice consulted in early 2017 on a new charge of Causing serious injury by careless driving but have yet to report on the consultation responses. But there is no mention of serious injury in the drink/drug driving or using a mobile phone whilst driving offences. Nor is there any mention of death or serious injury in the Fail to stop offence (hit and run).
Charging Decisions
Key concerns cover
- Who makes the decision –and the lack of transparency and accountability
- How decisions are made
- Overlap in charging standards of careless and dangerous driving
“I felt invisible — until RoadPeace heard me and made a difference.”
How decisions are made
- Who? The police make the vast majority of charging decisions, including after a crash. The CPS will make the charging decision only if the police decide to pass the investigation file to them. They are not required to do this, not even in the case of a road death.
- How? The police and CPS use a two part test. A case must pass the evidential test and also the public interest test before it will be prosecuted. There is no transparency with this process. We do not know how often the police or CPS thought the evidence justified a charge, but it was not in the public interest to do so. Nor do we know how often the police (or CPS) thought a criminal offence had been committed but there was not enough chance of achieving a conviction.
- Careless or dangerous? There is huge overlap in the charging standards with careless driving and dangerous driving. We have campaigned for a review of these charging standards as they are key to ensuring the correct charge is prosecuted. Dangerous drivers are banned and thus taken off our roads—this rarely happens with careless drivers.
How can you tell if prosecutions are professional?
Court Prosecution
It is difficult to tell if the CPS are doing a good job. Conviction rates are not useful as they can be misleading.
A high conviction rate could mean that only those cases with a very high chance of conviction were being prosecuted. Or it could mean skilled prosecutors were succeeding in convincing juries and/or Magistrates of the justice in conviction.
Her Majesty’s Crown Prosecution Service Inspectorate(HMCPSI) has evaluated road death prosecution three times. The most recent inspectorate report was published in February 2015. This was a joint inspection with HM Inspectorate Constabulary. The report was very critical of the CPS as they had failed to implement the recommendations of the previous two evaluations.
RoadPeace was consulted in each of the evaluations.
What RoadPeace Wants
We are campaigning for things to change:
- Greater consistency with other crime, with drivers held accountable for the risks they pose to others.
- Driving offences to mention when someone has been killed or seriously injured. This means new charges with Leaving the Scene.
- Review of charging standards of Careless Driving and Dangerous Driving.
- Transparency with charging decisions, convictions and sentences, by both the CPS and the police.
- Training and more resources invested in prosecutors handling fatal and serious injury cases.
- CPS to implement the HMCPSI recommendations.
What RoadPeace has done and is doing to help
Supporting Victims
RoadPeace provides clear, accessible information and practical support to help bereaved families understand their rights and navigate the justice system.
- We produce specialist guides, including one on the Charging Decision, which explains how decisions are made and how families can pursue a criminal prosecution, and a guide on Going to Court, helping families understand what happens during a trial.
- We answer queries from families about charging decisions, including concerns about downgrading, delays, or the factors that influence prosecution outcomes.
- We offer informed, compassionate advice to help families understand the investigative and legal processes that follow a road death.
- We signpost families to further legal and support services where needed, helping them feel less alone and more equipped during a difficult and confusing time.
- We provide opportunities for peer support and remembrance, helping families connect with others who share similar experiences and ensuring no one faces their grief in isolation.
Campaigning
RoadPeace campaigns for a fairer, more consistent justice system that reflects the seriousness of road crime and protects future lives.
- We campaign for reform of driving offences—including calling for manslaughter to be the default charge for culpable road deaths, revising the charging standards for Careless and Dangerous Driving, and recognising serious injury within criminal charges.
- We highlight national inconsistencies in charging and prosecution, producing graphics and publishing data that expose the overlap between Careless and Dangerous Driving and the wide variations in prosecution rates.
- We lobby for greater transparency around charging decisions, including calling for police to report reasons for No Further Action and to share investigation files with families when requested.
- We have pressed the CPS and Ministry of Justice to review borderline cases where Causing Death by Dangerous Driving is downgraded to Causing Death by Careless Driving, and where sentencing appears inconsistent.
- We engage with oversight bodies such as HMCPSI, which has reviewed CPS handling of road death cases three times—with RoadPeace consulted each time.
- We ensure all our calls are evidence-based by continually monitoring Ministry of Justice prosecution and conviction statistics for driving offences, particularly those involving death.’
Latest News
Read our latest blogs and news releases.
