-1/01/2008

Prosecutors have been told to take a tougher line on motorists involved in fatal road crashes after a review found that some drivers are escaping the severest punishment.

Drivers who kill because of a single-split second error or lapse of judgment can and should be charged with causing death by dangerous driving, which can lead to jail.

Amid long-running public outrage at the punishment given to killer drivers, tougher sentencing guidelines for courts were introduced earlier this year.

Director of Public Prosecutions, Keir Starmer QC said: “The new offences that recently came into force - such as causing death by careless driving - allow our prosecutors to deal with the criminality involved in road traffic fatality cases in a much more satisfactory manner than has been the case until now.”

Motorists convicted of causing death by careless driving can be jailed. However, previously motorists could only be charged with either dangerous driving, which carries a maximum 14-year jail term, of driving without due care and attention, which carries only a disqualification, penalty points and a fine.

The review by Her Majesty's Crown Prosecution Service Inspectorate of the way the Crown Prosecution Service deals with road traffic cases involving fatalities showed that the organisation has made good progress.

However, in some difficult cases where the decision was very much in the balance, the Inspectorate found that prosecutors could have charged a more serious offence or gone ahead with some cases that were discontinued. However, it also recognised that the new offences that have been introduced now give prosecutors the opportunity to charge a more appropriate offence, giving better access to justice for families.

Mr Starmer said: “We will try to make sure that charging decisions are made as quickly as possible and in such a way that they reflect the true gravity of each case.” (

Daily Telegraph/Crown Prosecution Service)