The Crown Prosecution Service last week published an update to its Guidance on Charging Offences arising from Driving Incidents. The two most significant changes concern drivers in emergencies and deaths where the victim is a close friend or relative of the driver.

“This guidance strikes the right balance between protecting the public and recognising that there are situations when a prosecution for a driving offence may not be in the public interest. Prosecutors will look at all of the facts of a case when making charging decisions,” said Keir Starmer QC, the Director of Public Prosecutions. “If a driver was responding to an emergency and took proper care, a prosecution is very unlikely to be in the public interest, but nothing in this guidance excuses recklessness or taking unjustifiable risks.”

In cases involving drivers in emergencies, prosecutors will consider:

The nature of the emergency known to or reasonably perceived by the driver – for example, whether the driver was responding to a 999 call in compliance with the agreed operating practice in that service;

The level of culpability of the driver (including the nature of the driving); and

Whether there is evidence the driver may be a continuing danger to others – for example, such evidence may include relevant convictions or internal disciplinary proceedings against the driver.

The guidance for prosecutors considering cases where the victim is a family member or close friend of the driver has also been revised.

“A driver who makes a genuine mistake that ends the life of a close friend or family member will bear a particularly heavy responsibility,” continued Mr Starmer. “Following the death of a close friend or family member, it will be presumed that a prosecution is in the public interest, but the emotional trauma suffered by the driver and the consequences of bringing a prosecution for those closest to the victim and driver will be taken into account. These factors will be weighed against the driver’s culpability and a driver who continues to pose a danger to others is likely to be prosecuted.”

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