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Causing serious injury by careless or inconsiderate driving

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Causing serious injury by careless or inconsiderate driving

Road Traffic Act 1988, s.2C

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Cause serious injury to another by driving an MPV on a road or public place without due care and attention or without reasonable consideration (RTA 1988, s.2C(1)).
  • Serious injury in England and Wales means physical harm amounting to GBH for the OAPA 1861 (s.2C(2)).

Mens rea

  • Careless or inconsiderate driving. No need to foresee serious injury.

Defences

Driving not careless or inconsiderate · Injury not GBH-level · No causation · Not the driver

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

Medical notes decide whether this is s.2C or plain careless driving. Same special-reasons point on disqualification as other obligatory-disq RTA offences.

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.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.