Road traffic
Causing death by dangerous driving
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- life imprisonment for offences committed after 28 June 2022; otherwise 14 years' custody
Actus reus
- Cause the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place (RTA 1988, s.1). Dangerous driving is defined in s.2A.
Mens rea
- The fault element is dangerous driving (s.2A) — far below the competent and careful driver, and obvious to such a driver that it would be dangerous. No intent to kill is required.
Defences
Driving not dangerous on the s.2A test (careless only) · Driving did not cause the death · Not a road or public place / not an MPV · Not the driver
Sentencing Council
Sentencing Council guideline effective 01 July 2023. Offence range: 2 – 18 years’ custody.
At the police station
Obligatory disqualification is a special-reasons argument (RTOA 1988, s.34). Distinguish s.2B (careless) 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.1 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗