This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/uk/2012/sep/27/police-fewer-dangerous-driving-prosecutions
The article has changed 6 times. There is an RSS feed of changes available.
| Version 4 | Version 5 |
|---|---|
| Police should face fewer dangerous driving prosecutions, says CPS | Police should face fewer dangerous driving prosecutions, says CPS |
| (4 months later) | |
| Fewer prosecutions should be brought against police, fire brigade and ambulance staff who commit driving offences while responding to emergencies, according to draft guidance issued by the Crown Prosecution Service on Thursday. | Fewer prosecutions should be brought against police, fire brigade and ambulance staff who commit driving offences while responding to emergencies, according to draft guidance issued by the Crown Prosecution Service on Thursday. |
| There may also be no public interest in charging individuals whose driving results in members of their family or close friends being killed because they will already have suffered overwhelming grief, the same public consultation suggests. | There may also be no public interest in charging individuals whose driving results in members of their family or close friends being killed because they will already have suffered overwhelming grief, the same public consultation suggests. |
| The decision to review the guidelines follows criticism earlier this year of the CPS by the Police Federation for prosecuting a Hampshire police officer, PC James Holden, who pursued a serial burglar driving a van that ended up crashing into level crossing barriers. | The decision to review the guidelines follows criticism earlier this year of the CPS by the Police Federation for prosecuting a Hampshire police officer, PC James Holden, who pursued a serial burglar driving a van that ended up crashing into level crossing barriers. |
| Holden was cleared of dangerous driving and no one was injured in the incident but officers around the country have subsequently been reported to be scared of being prosecuted for answering 999 calls. Many have called for the law to be changed. | Holden was cleared of dangerous driving and no one was injured in the incident but officers around the country have subsequently been reported to be scared of being prosecuted for answering 999 calls. Many have called for the law to be changed. |
| Launching the public consultation, the director of public prosecutions, Keir Starmer QC, explained: "The issues that arise for prosecutors when deciding to charge someone with a very serious driving offence – particularly where there has been a fatality – are inevitably difficult and sensitive. | Launching the public consultation, the director of public prosecutions, Keir Starmer QC, explained: "The issues that arise for prosecutors when deciding to charge someone with a very serious driving offence – particularly where there has been a fatality – are inevitably difficult and sensitive. |
| On police, ambulance and fire brigade drivers, the draft guidance advises prosecutors to use discretion in deciding whether or not a prosecution is required in the public interest if an offence is committed while responding to an emergency call. | On police, ambulance and fire brigade drivers, the draft guidance advises prosecutors to use discretion in deciding whether or not a prosecution is required in the public interest if an offence is committed while responding to an emergency call. |
| "It is very unlikely to be appropriate to proceed with a prosecution on public interest grounds if a police officer, ambulance driver or firefighter commits a driving offence while responding to an emergency call unless the driving is dangerous or indicates a high degree of culpability," the new advice proposes. In the existing guidance, the equivalent word is simply "unlikely". | "It is very unlikely to be appropriate to proceed with a prosecution on public interest grounds if a police officer, ambulance driver or firefighter commits a driving offence while responding to an emergency call unless the driving is dangerous or indicates a high degree of culpability," the new advice proposes. In the existing guidance, the equivalent word is simply "unlikely". |
| The DPP said: "Those who work in the emergency services need to know that they can respond to an emergency call without fear of prosecution for doing their job. | The DPP said: "Those who work in the emergency services need to know that they can respond to an emergency call without fear of prosecution for doing their job. |
| "This is not a licence for emergency workers to act with immunity from prosecution, but it is important to appreciate that police officers, ambulance drivers and firefighters sometimes need to drive in a manner which would be not be considered acceptable by other drivers." | "This is not a licence for emergency workers to act with immunity from prosecution, but it is important to appreciate that police officers, ambulance drivers and firefighters sometimes need to drive in a manner which would be not be considered acceptable by other drivers." |
| Senior CPS staff must still be consulted in cases involving fatal accidents. | Senior CPS staff must still be consulted in cases involving fatal accidents. |
| In April, following Holden's acquittal, the Police Federation contacted the CPS to raise its concerns. At the time, it warned: "The real problem is the law and the lack of protection it offers police pursuit drivers … It seems there is a willingness to hold an officer legally responsible for the danger created by the driver he is pursuing … Does this mean all officers who pursue could be liable for causing or perpetuating that danger?" The CPS consultation is partially a response to those fears. | In April, following Holden's acquittal, the Police Federation contacted the CPS to raise its concerns. At the time, it warned: "The real problem is the law and the lack of protection it offers police pursuit drivers … It seems there is a willingness to hold an officer legally responsible for the danger created by the driver he is pursuing … Does this mean all officers who pursue could be liable for causing or perpetuating that danger?" The CPS consultation is partially a response to those fears. |
| In so-called "nearest and dearest" cases, the amended guidance indicates it may not be in the public interest to prosecute where a suspect has lost a "loved one" as a result of a fatal collision. | In so-called "nearest and dearest" cases, the amended guidance indicates it may not be in the public interest to prosecute where a suspect has lost a "loved one" as a result of a fatal collision. |
| Starmer said: "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. | Starmer said: "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. |
| "This circumstance must, of course, be balanced against the need to ensure the safety of other road users – and if there is evidence to suggest that an individual presents a continuing danger to other road users then the proper course may well be to prosecute on public interest grounds once there is sufficient evidence to do so." | "This circumstance must, of course, be balanced against the need to ensure the safety of other road users – and if there is evidence to suggest that an individual presents a continuing danger to other road users then the proper course may well be to prosecute on public interest grounds once there is sufficient evidence to do so." |
| The changed wordings have now been put out to consultation. Responses to the CPS are due by 8 November 2012. | The changed wordings have now been put out to consultation. Responses to the CPS are due by 8 November 2012. |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |