Road traffic
Causing death by careless or inconsiderate driving
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years’ custody
Actus reus
- Cause the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place (RTA 1988, s.2B).
Mens rea
- The fault element is careless or inconsiderate driving (the s.3 standard) — not dangerousness and not an intent to kill. Causation of death must be proved.
Defences
Driving was not below the s.3 standard · Not a road or public place / not an MPV · Driving did not cause the death · Not the driver
Sentencing Council
Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 4 years’ custody.
At the police station
Obligatory disqualification applies — any argument against that is special reasons under RTOA 1988, s.34. Distinguish s.1 (death by dangerous) and s.3A (drink/drugs).
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.2B ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗