Section 1A
Section 1A of the Road Traffic Act 1988 creates the offence of causing serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or another public place
1A(1) Offence of Causing Serious Injury
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
1A(2) Definition of Serious Injury
In this section, serious injury means:
(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences Against the Person Act 1861, and
(b) in Scotland, severe physical injury.
Notes
MPV
The term 'mechanically propelled vehicle' has a wider meaning that 'motor vehicle' as the former does not have to be 'intended or adapted for use on a road'.
Cause of Injury
The dangerous driving alleged must cause the injury of another person. However, there is nothing in the statute which requires the manner of the driving to be a substantial or a major cause of the accident, therefore if the dangerous driving is a cause and something more than a very trifling matter, the statute operates.
Charging
This offence is an equivalent in law to manslaughter and should be charged whenever a motor vehicle is involved (except in exceptional circumstances and after consultation with CPS). When aggravating factors are present, an offence under this section will generally require a custodial sentence, and in extreme cases, a sentence of upwards of five years imprisonment and a lengthy period of disqualification should be imposed.
'Another Person'
Means any person other than the defendant. The words have been held to include a passenger in the defendant's vehicle and a foetus in utero at the time of the dangerous driving who is subsequently injured.
Vehicle Disposal
Where such a serious charge is being considered, the Court of Appeal have stated that if the vehicle involved is likely to be scrapped, a procedure should be put in place so that the express permission of the police is required before such action is taken. If a serious mechanical defect is likely to be an element in the prosecution case or the defence, then permission should not be given for scrapping before the case has been heard. However, if the defence have had an opportunity to examine the vehicle, they may agree to it being scrapped prior to the hearing, but the CPS should nevertheless be consulted before permission is given.
Drink
The issue of drink affecting dangerous driving can be relevant in certain circumstances; see R v Woodward (1994), (where the appellant was injured and as a result no sample could be taken from him to determine his blood alcohol level. It was held that evidence of the driver's alcohol consumption was of probative value and would be admissible to the extent that it tended to show that the amount of alcohol consumed was likely to, or did in fact, adversely affect the driver. But the bare fact of alcohol consumption was not of itself relevant, and where the evidence went no further than to establish the fact of consumption, the trial judge should warn the jury against taking such evidence into account).
Inquests
Where an inquest has been adjourned and the coroner informed that some person has been charged with an offence under this section.
Summary: 12 months imprisonment and/or a fine Indictment: 5 years imprisonment and/or a fine
Mandatory disqualification from driving
Licence endorced with three to eleven penalty points
Last updated