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Foreign Trucks (Bryan?)
McCabe-Thiele (Ted):
Not helped when the Laws passed by Parliament are sometimes so loosely or badly worded that the Home Office have to issue guidelines for interpretation often followed by ACPO & CPS guidelines - then of course the local Police & Crime Commissioner also directs the Chief Constable on policy areas he or she consider a priority. Little wonder the Police are confused about enforcement not helped by social media knee jerk reactions from both ends of the extreme spectrum.
Just when everyone starts to iron out the difficulties of enforcement an appeal will sometimes become case law - general election - new laws so the cycle starts again - not to mention the budget implications.
Decades ago an experienced CPS solicitor told me that good laws such as the Offences Against the Persons Act 1861 that define GBH etc are understood by everyone and do not need updating often. He went on to say that good criminal laws are understood by most people - we know it's wrong to intentionally cause harm to a person murder is even in the Bible.
Today we have laws that most people are not even aware of that form criminal imprisonable offences that can affect normal law abiding members of the public. An interesting thing is how public opinion has shaped some legislation.
Back in 1971 if you had a vehicle accident that was due to a momentary lapse of concentration or error of judgement you might be convicted of Driving without Due Care & Attention - you could face a fine, endorsement or disqualification regardless of if anyone was injured or killed. Only Dangerous Driving that caused death was imprisonable.
Today you could commit the same momentary lapse of concentration or error of judgement but if a person died as a result of the accident you face a charge of Causing Death by Careless Driving where imprisonment is a real possibility.
Sesman:
That’s interesting. A bloke pulled out to pass me Ona blind bend and drove headlong into another car. The resulting carnage was horrendous with two persons including myself hospitalised. The driver was not prosecuted for any offence as he fessed up immediately. Go figure.
Sesman:
Just read a Telegraph news bulletin, the rozzers are getting stuck into the orange brigade….lovely.
McCabe-Thiele (Ted):
--- Quote from: Sesman on May 31, 2023, 01:34:03 PM ---That’s interesting. A bloke pulled out to pass me Ona blind bend and drove headlong into another car. The resulting carnage was horrendous with two persons including myself hospitalised. The driver was not prosecuted for any offence as he fessed up immediately. Go figure.
--- End quote ---
That certainly sounds unusual if the driver at fault was over 70 the CPS will often accept a driver surrendering his or her licence to drive as an alternative to prosecution. Aside from a heart attack I can't see why admitting fault would evade prosecution. There has been a drift in recent decades to let insurance companies sort it out if injuries are minor. My wifes car was struck by a young lad who failed to give way at a junction. Prosecution did not happen as the young PC who was dealing with the incident went off sick then the case ran out of the statutory time limits for a summary prosecution. 6 months between offence date and laying an information at the magistrates court to issue a summons..
Oddjob:
--- Quote from: McCabe-Thiele (Ted) on May 31, 2023, 12:22:43 PM ---Today you could commit the same momentary lapse of concentration or error of judgement but if a person died as a result of the accident you face a charge of Causing Death by Careless Driving where imprisonment is a real possibility.
--- End quote ---
Maybe that's a reflection on people using mobile phones or other devices when they should be concentrating on the road, I've seen all sorts in my years driving HGVs, even seen a old bloke driving with a plate salad sat on his lap which included full eggs, he was eating with a knife and fork and steering the car with his knees.
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