header-logo header-logo

11 January 2007
Issue: 7255 / Categories: Opinion , Health & safety
printer mail-detail

Criminal carelessness

Kris Gledhill responds to comments on the legitimacy of the offence of causing death by careless driving

In his article, Crime of consequences?, 8 December 2006 (see 156 NLJ 7252, p 1876), retired District Judge (magistrates’ courts) Paul Firth argues an orthodox position that the consequences of a road traffic crash should not affect the criminal liability which attaches. This was the case when the only offence available was careless driving. But the judge then criticises the creation of the new offence of causing death by careless driving, setting out the view that the criminal law should not extend to penalise negligence.
There is, however, nothing wrong with the criminal law attaching greater significance to more serious consequences; nor is there any concern arising from liability for negligence. Both are features which are well-established in the law, and the new offence of causing death by careless driving should not be criticised on those grounds.

It is a long-established part of our criminal law that the effect of criminal conduct can turn that conduct into a more serious

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll