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Thakur GURUNG M00760715
1 | P a g e
Causing Death by Dangerous
Driving (Road Traffic Act 1988)
A person who causes the death of another person by
driving a mechanically propelled vehicle dangerously on
a road or other public place is guilty of an offence.
Role of a criminal justice system:
Punishment, publication, public protection, delivering of justice, maintaining public order,
maintaining the confidence of the public in the criminal justice system, provide victim support.
Police and Public Safety:
Police have been tirelessly working to ensure that people are safe on the UK roads. The police have
coordinated with partner agencies and the public bodies to increase road safety, reduce the death and
injuries. Police are committed to public safety and working in line with JESIP principles, (Joint
Emergency Services Interoperability Principles) to support a safe working environment and to
preserve life. Legislation and regulation surround the safety and protection of road users along with
pedestrians, motorcyclist and cyclists being particularly vulnerable (Department of Transport, 2018).
Road policing has been one of the policing priorities for various reasons.
Why Road Policing is a Police priority?
According to the National Police Chiefs Council, (NPCC,2018) roads policing strategy 2015- 2020
aims to reduce the number of collisions leading to road death and serious injury. And recently, NPCC
further introduced “Policing our Roads Together 2018-2021” with objectives to achieve safe roads
which are free from harm, the threat of serious crime and promote public confidence and satisfaction.
In nutshell, the ‘fatal 4’ offences are prioritised under each of the following elements: Safe Roads;
Safe Speeds; Safe Vehicles; Safe Road Users and an additional 5th strand of Post-crash Response.
The report from the department of traffic UK states that there were 26,610 people killed or seriously
injured (KSI) reported to the police in the year ending June 2018. This compares to 26,664 in the
year ending June 2017. Moreover, there were 165,100 casualties of all severities in the year ending
June 2018, down by 6% from the previous year. (Department for transport, 2018).
The government statistics reflect the number of injuries and deaths caused by dangerous driving and it
is noticeably clear why is so important to ensure the police presence on the UK road. The sole purpose
of road policing is to preserve lives and spread awareness. Road Policing Unit (RPU) is responsible to
execute policing strategies such as casualty reduction, counterterrorism, anti-social use of the roads,
disrupting criminality and high visibility patrols of the road network. Therefore, road policing is one of
the significant Police priorities.
Some of the driving offences according to the Road Traffic Act 1988 are:
1. Causing death by dangerous driving
1a. Causing serious injury by dangerous driving
2. Dangerous driving
2b. Causing death by careless or inconsiderate, driving
Power of arrest:
Under section 24 of the Police and Criminal Evidence 1984, as amended by the Serious Organised Crime
and Police Act 2005 – powers of arrest without a warrant are held by the police. Officers can arrest
anyone who is about to commit an offence, in the act of committing an offence. Anyone whom he has
reasonable grounds for suspecting to be about to commit an offence, and he has reasonable grounds for
suspecting to be committing an offence. PACE further sets out the ‘necessity criteria’ under a code G
for arrest. The statutory criteria for what may constitute necessity are set out in paragraph 2.9 of Code
G with can be accessed at from a Code of Ethics book given in custody. The powers of arrest are not
SurreyPolice,RoadsafetyandPolicingPriorities
Thakur GURUNG M00760715
2 | P a g e
something to be abused by the police or by a public citizen and are powers that should only be used
responsibly. However, officers are required to demonstrate the arrest is necessary and legal.
The Caution:
Upon arrest, the police must give ‘CAUTION’ to the person as soon as it is practicable otherwise it will
be an unlawful arrest. When the caution is given by the officers, there are three parts to a caution (Code
C, para 10.5).
The first part is: “You do not have to say anything”. This means that even though the officer will be
asking you questions, you do not have to answer them, you have a right to remain silent.
The second part is “But it may harm your defence if you do not mention when questioned something
which you later rely on in court”. This means that if this case goes to court and you tell the court
something that you did not tell the officer during this interview that you could have, then the court can
draw its conclusions from you doing this. The court can question your reliability and say you had every
opportunity to account during the interview.
And the third and final part is, “Anything you do say may be given in evidence.” This means that if this
case goes to court, whatever the defendant says or answers to questions during the interview will be
audio and video recorded and heard in court. This caution encourages the defendant to be open and
honest with the officers whilst arrested and during the interview.
The Custody processes:
After the arrest, a detainee is taken to the custody at the police station and presented to the custody
sergeant who authorises the detention depending on the circumstances. While at custody, the individual
will be searched, and their possessions to be taken by the police for the duration of time they are in the
police cell. They will require to provide their biometric information such as fingerprints and
photographs. The detainee will be treated in conjunction with the Human Rights Act 1998. He/she will
be given a right to a free trial by providing a free defence lawyer. Besides, detainees will have access to
health and social care services appropriate to their needs including emergency medical. .Anyone under
the age of 18 has the right to contact an ‘appropriate adult’ to be with them whilst they are in custody.
By law, the police are permitted to hold individuals for up to 24 hours however if by this point, they
cannot charge the person with a criminal offence, they need to release them. If suspected of a significant
crime (such as murder), the police are authorized to detain the individual for as long as 96 hours unless
arrested under the Terrorism Act, this will be extended to 14 days.
Role of Crown Prosecution Service (CPS):
In a criminal case, if there is sufficient evidence to
provide a realistic prospect of conviction against each
suspect on each charge, a decision to charge is made.
Depending on the type and seriousness of the offence
committed, this decision is made by the police service
or the Crown Prosecution Service (College of Policing,
2013)
While a detainee is at custody, the police will have evidence to process a charge to any individual
brought to the custody. If the police fail to collect enough evidence for the offence, a detainee will be
released on police bail without incurring any fee. Nevertheless, there will be a condition for the person
to return to the police station if required. The CPS reviews cases submitted by the police and advise in
their cases after the investigation is complete for possible prosecution. In relation to the more serious or
complex cases, the CPS determines to process any charges and prepare for court. Furthermore, after the
person is charged, he/she can be released on conditional bail with certain restrictions, if charged with a
criminal offence, the individual is going to be given a charge sheet, outlining the details of the incident.
They will then either return home on bail until the court date or remain in police custody. The magistrate
court will conduct the first hearing or set up a virtual court using live link technologies the trial, later
on, will be in Crown court. If it is decided that the crime was a serious one, it is likely the offender is
going to be sent to prison until their official trail begins. this is often mentioned as being ‘on remand’.
The Court process:
Once a detainee is charged, a charge sheet will be
provided which outlines details of the crime, day and
dates for the court appearance and bail conditions if it
applies and he/she is kept in custody which depends on
different circumstances. Some of the reasons for
keeping in custody are the nature and seriousness of the offence, to prevent them from failing to attend
Thakur GURUNG M00760715
3 | P a g e
their trial, committing another offence, and tampering with evidence or interfering with witnesses. If
someone is charged with serious offences, tried only int the crown court, bail cannot be granted. The
magistrate will take things into considerations in terms of bail conditions before the trial starts. While
attending court, defence lawyer and a detainee will be provided with a summary of the case. Where
appropriate, copies of any prosecution witness statements also will be provided if the prosecutor believes
that they are not against the public interest
The judge or magistrates will decide the appropriate sentence by considering the facts of the case and
applying the relevant sentencing guidelines. Death by dangerous driving is the most serious type of
motoring offence. During the trial in Crown court, if sufficient evidence is provided and found guilty,
the person will be imprisoned up to 14 years, a mandatory disqualification from driving any motor
vehicle for a minimum of 2 years and a compulsory extended retest.
Note: Time served in pre-trial detention will be considered as part of the entire sentence.
“Share the roads responsibly, slow down and save lives.” Surrey Police
References:
Bryant and Bryant, (2020) ‘Policing Students’ Oxford University press
College of Policing, 2013, Prosecution and Case Management, Charging and Case preparation,
retrieved from https://www.app.college.police.uk/app-content/prosecution-and-case-
management/charging-and-case-preparation/ ,
Department of Transport, 2018, ‘Reported road casualties in Great Britain’ retrieved from
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/820
562/Reported_road_casualties_-_Main_Results_2018.pdf
Gov.uk. (n.d.) ‘After a crime: your rights’. Retrieved from,https://www.gov.uk/your-rights-after-
crime/if-the-case-goes-to-court
NPCC (n.d.) ‘Policing our Roads Together’ 2018-2021, retrieved from
http://library.college.police.uk/docs/appref/Policing-our-Roads-Together-partners-copy.pdf
‘Road Traffic Act 1988’, Retrieved from http://www.legislation.gov.uk/ukpga/1988/52/contents
Rose, G (2000), ‘The criminal histories of serious traffic offenders’, HORS 206 (London: Home
Office)

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Operational policing poster

  • 1. Thakur GURUNG M00760715 1 | P a g e Causing Death by Dangerous Driving (Road Traffic Act 1988) A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. Role of a criminal justice system: Punishment, publication, public protection, delivering of justice, maintaining public order, maintaining the confidence of the public in the criminal justice system, provide victim support. Police and Public Safety: Police have been tirelessly working to ensure that people are safe on the UK roads. The police have coordinated with partner agencies and the public bodies to increase road safety, reduce the death and injuries. Police are committed to public safety and working in line with JESIP principles, (Joint Emergency Services Interoperability Principles) to support a safe working environment and to preserve life. Legislation and regulation surround the safety and protection of road users along with pedestrians, motorcyclist and cyclists being particularly vulnerable (Department of Transport, 2018). Road policing has been one of the policing priorities for various reasons. Why Road Policing is a Police priority? According to the National Police Chiefs Council, (NPCC,2018) roads policing strategy 2015- 2020 aims to reduce the number of collisions leading to road death and serious injury. And recently, NPCC further introduced “Policing our Roads Together 2018-2021” with objectives to achieve safe roads which are free from harm, the threat of serious crime and promote public confidence and satisfaction. In nutshell, the ‘fatal 4’ offences are prioritised under each of the following elements: Safe Roads; Safe Speeds; Safe Vehicles; Safe Road Users and an additional 5th strand of Post-crash Response. The report from the department of traffic UK states that there were 26,610 people killed or seriously injured (KSI) reported to the police in the year ending June 2018. This compares to 26,664 in the year ending June 2017. Moreover, there were 165,100 casualties of all severities in the year ending June 2018, down by 6% from the previous year. (Department for transport, 2018). The government statistics reflect the number of injuries and deaths caused by dangerous driving and it is noticeably clear why is so important to ensure the police presence on the UK road. The sole purpose of road policing is to preserve lives and spread awareness. Road Policing Unit (RPU) is responsible to execute policing strategies such as casualty reduction, counterterrorism, anti-social use of the roads, disrupting criminality and high visibility patrols of the road network. Therefore, road policing is one of the significant Police priorities. Some of the driving offences according to the Road Traffic Act 1988 are: 1. Causing death by dangerous driving 1a. Causing serious injury by dangerous driving 2. Dangerous driving 2b. Causing death by careless or inconsiderate, driving Power of arrest: Under section 24 of the Police and Criminal Evidence 1984, as amended by the Serious Organised Crime and Police Act 2005 – powers of arrest without a warrant are held by the police. Officers can arrest anyone who is about to commit an offence, in the act of committing an offence. Anyone whom he has reasonable grounds for suspecting to be about to commit an offence, and he has reasonable grounds for suspecting to be committing an offence. PACE further sets out the ‘necessity criteria’ under a code G for arrest. The statutory criteria for what may constitute necessity are set out in paragraph 2.9 of Code G with can be accessed at from a Code of Ethics book given in custody. The powers of arrest are not SurreyPolice,RoadsafetyandPolicingPriorities
  • 2. Thakur GURUNG M00760715 2 | P a g e something to be abused by the police or by a public citizen and are powers that should only be used responsibly. However, officers are required to demonstrate the arrest is necessary and legal. The Caution: Upon arrest, the police must give ‘CAUTION’ to the person as soon as it is practicable otherwise it will be an unlawful arrest. When the caution is given by the officers, there are three parts to a caution (Code C, para 10.5). The first part is: “You do not have to say anything”. This means that even though the officer will be asking you questions, you do not have to answer them, you have a right to remain silent. The second part is “But it may harm your defence if you do not mention when questioned something which you later rely on in court”. This means that if this case goes to court and you tell the court something that you did not tell the officer during this interview that you could have, then the court can draw its conclusions from you doing this. The court can question your reliability and say you had every opportunity to account during the interview. And the third and final part is, “Anything you do say may be given in evidence.” This means that if this case goes to court, whatever the defendant says or answers to questions during the interview will be audio and video recorded and heard in court. This caution encourages the defendant to be open and honest with the officers whilst arrested and during the interview. The Custody processes: After the arrest, a detainee is taken to the custody at the police station and presented to the custody sergeant who authorises the detention depending on the circumstances. While at custody, the individual will be searched, and their possessions to be taken by the police for the duration of time they are in the police cell. They will require to provide their biometric information such as fingerprints and photographs. The detainee will be treated in conjunction with the Human Rights Act 1998. He/she will be given a right to a free trial by providing a free defence lawyer. Besides, detainees will have access to health and social care services appropriate to their needs including emergency medical. .Anyone under the age of 18 has the right to contact an ‘appropriate adult’ to be with them whilst they are in custody. By law, the police are permitted to hold individuals for up to 24 hours however if by this point, they cannot charge the person with a criminal offence, they need to release them. If suspected of a significant crime (such as murder), the police are authorized to detain the individual for as long as 96 hours unless arrested under the Terrorism Act, this will be extended to 14 days. Role of Crown Prosecution Service (CPS): In a criminal case, if there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge, a decision to charge is made. Depending on the type and seriousness of the offence committed, this decision is made by the police service or the Crown Prosecution Service (College of Policing, 2013) While a detainee is at custody, the police will have evidence to process a charge to any individual brought to the custody. If the police fail to collect enough evidence for the offence, a detainee will be released on police bail without incurring any fee. Nevertheless, there will be a condition for the person to return to the police station if required. The CPS reviews cases submitted by the police and advise in their cases after the investigation is complete for possible prosecution. In relation to the more serious or complex cases, the CPS determines to process any charges and prepare for court. Furthermore, after the person is charged, he/she can be released on conditional bail with certain restrictions, if charged with a criminal offence, the individual is going to be given a charge sheet, outlining the details of the incident. They will then either return home on bail until the court date or remain in police custody. The magistrate court will conduct the first hearing or set up a virtual court using live link technologies the trial, later on, will be in Crown court. If it is decided that the crime was a serious one, it is likely the offender is going to be sent to prison until their official trail begins. this is often mentioned as being ‘on remand’. The Court process: Once a detainee is charged, a charge sheet will be provided which outlines details of the crime, day and dates for the court appearance and bail conditions if it applies and he/she is kept in custody which depends on different circumstances. Some of the reasons for keeping in custody are the nature and seriousness of the offence, to prevent them from failing to attend
  • 3. Thakur GURUNG M00760715 3 | P a g e their trial, committing another offence, and tampering with evidence or interfering with witnesses. If someone is charged with serious offences, tried only int the crown court, bail cannot be granted. The magistrate will take things into considerations in terms of bail conditions before the trial starts. While attending court, defence lawyer and a detainee will be provided with a summary of the case. Where appropriate, copies of any prosecution witness statements also will be provided if the prosecutor believes that they are not against the public interest The judge or magistrates will decide the appropriate sentence by considering the facts of the case and applying the relevant sentencing guidelines. Death by dangerous driving is the most serious type of motoring offence. During the trial in Crown court, if sufficient evidence is provided and found guilty, the person will be imprisoned up to 14 years, a mandatory disqualification from driving any motor vehicle for a minimum of 2 years and a compulsory extended retest. Note: Time served in pre-trial detention will be considered as part of the entire sentence. “Share the roads responsibly, slow down and save lives.” Surrey Police References: Bryant and Bryant, (2020) ‘Policing Students’ Oxford University press College of Policing, 2013, Prosecution and Case Management, Charging and Case preparation, retrieved from https://www.app.college.police.uk/app-content/prosecution-and-case- management/charging-and-case-preparation/ , Department of Transport, 2018, ‘Reported road casualties in Great Britain’ retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/820 562/Reported_road_casualties_-_Main_Results_2018.pdf Gov.uk. (n.d.) ‘After a crime: your rights’. Retrieved from,https://www.gov.uk/your-rights-after- crime/if-the-case-goes-to-court NPCC (n.d.) ‘Policing our Roads Together’ 2018-2021, retrieved from http://library.college.police.uk/docs/appref/Policing-our-Roads-Together-partners-copy.pdf ‘Road Traffic Act 1988’, Retrieved from http://www.legislation.gov.uk/ukpga/1988/52/contents Rose, G (2000), ‘The criminal histories of serious traffic offenders’, HORS 206 (London: Home Office)