HL Deb 16 November 2004 vol 666 cc129-30WA
Lord Berkeley

asked Her Majesty's Government:

Whether the Crown Prosecution Service is correct to decline prosecution cases following fatal road traffic accidents because adverse weather conditions are considered a permissible defence. [HL4738]

The Attorney-General (Lord Goldsmith)

When there is a road traffic fatality in circumstances which suggest an offence has been committed, the police will investigate. Whether an offence has been committed will depend on the circumstances of each case and sometimes the weather may be a factor to take into account. The Crown Prosecution Service will decide whether or not to prosecute in accordance with the principles set out in the Code for Crown Prosecutors.

The code sets out two stages in the decision to prosecute. First, there must be sufficient evidence to provide a realistic prospect of conviction. This is an objective test which means that a jury or bench of magistrates, properly directed in accordance with the law, is more likely than not to convict the defendant of the charge alleged. Secondly, the circumstances must be such that a prosecution would be in the public interest.

Following a road traffic incident involving a fatality, a number of criminal offences may be considered. They range from the most serious offences of murder, manslaughter and death by dangerous driving to summary offences such as careless driving or speeding. Each case will be considered on its own particular facts.

The weather may play a part in some road traffic fatality incidents, but how much depends on individual cases. The circumstances of the particular case will need to be assessed to determine the significance of any adverse weather conditions. One of the issues will be the driver's response to the weather conditions. Any adverse weather conditions create obvious dangers and drivers are expected to drive appropriately to the weather. The Crown Prosecution Service will prosecute cases when there is a realistic prospect of conviction and it is in the public interest to do so. In cases where a fatality has occurred and there is sufficient evidence to prove the ingredients of the offence the public interest will almost invariably demand that a prosecution follows.

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