Road death prosecutions to change
14 Aug 08
Tougher penalties for those who kill others through careless driving
The new road traffic offences where death is caused in the commission of other offences will normally be prosecuted before a sheriff and jury, the Lord Advocate announced today.
In a letter to the Scottish Parliament’s justice spokespersons, Elish Angiolini QC said that the Crown Office recognised the devastating effect road traffic offences that caused deaths could have on the friends and families of victims.
Prosecution for the offences of causing death by careless, or inconsiderate, driving, and causing death by driving while unlicensed, disqualified or uninsured, will be open for incidents on or after 18 August. Conviction by a jury can result in a sentence of up to five years in the former case and two years in the latter.
In her letter the Lord Advocate wrote: "While it is often not appropriate to publish the detail of prosecution policies, the nature of the new offences and the publication of similar prosecution policies in the past means that I have decided it would be in the public interest to outline the policy approach of the Crown Office and Procurator Fiscal Service (COPFS) in relation to the prosecution of these new offences and other offences involving causing death by driving."
She added that there would be a "presumption" that the new offences would be prosecuted on indictment before a jury in the sheriff court. “This reflects the seriousness of the offences and the fact that the maximum sentence can be imposed by a sheriff.
"Summary proceedings [where the maximum sentence is 12 months] may be taken in circumstances where culpability is low and where there are mitigating circumstances. Clear instructions and guidance have been issued to prosecutors in relation to this new policy.”
Ms Angiolini stressed that offences causing death "are investigated with the highest priority", and referred to senior Crown counsel for instruction on the action to be taken.
The current presumption that charges of causing death by dangerous driving, or while driving when over the alcohol limit, which have higher maximum penalties, are prosecuted in the High Court, will continue to operate.
A policy statement on causing death by driving is available on the Crown Office and Procurator Fiscal Service is available at www.copfs.gov.uk.