DPP consults over new guidance on driving offences

Keir Starmer QC, Director of Public Prosecutions, has launched a public consultation in England and Wales on guidance about the most serious driving offences, including death by careless or dangerous driving.

The amended guidance indicates that it may not always be in the public interest to prosecute where the suspect has lost a loved one as a result of a fatal collision where they are the driver.

Keir Starmer QC said: "Where someone has killed a loved one as a result of their driving, the decision over whether to prosecute can be extremely challenging; for example where a parent's careless or dangerous driving has led to the loss of their own child, which will inevitably bring with it enormous grief and terrible bereavement. The amended guidance advises prosecutors that a prosecution may not be in the public interest in such cases."

The amended guidance also advises prosecutors that when a member of the emergency services commits an offence while responding to an emergency call, discretion should be used in deciding whether or not a prosecution is needed in the public interest.

Under the amended guidance, a prosecution is very unlikely to be appropriate in cases of genuine emergency unless the driving is dangerous or the evidence indicates a high degree of culpability. This strengthens the position for emergency drivers; previously the advice was that it was merely "unlikely" to be in the public interest to prosecute.

The consultation closes on 8th November 2012.