32. Selected road traffic offences (additional chapter)

Abstract

This chapter discusses road traffic offences including dangerous driving, careless and inconsiderate driving, causing death by driving, causing death by careless or inconsiderate driving when under the influence of drugs or alcohol, and causing death while driving unlawfully. A discussion of these offences contributes to an understanding of the general principles of criminal law. Dangerous and careless driving are rare examples of English law providing endangerment offences. The Road Safety Act 2006 includes some controversial new offences in which liability is imposed for a death arising while unlawfully on the roads irrespective of whether the death is due to some defect in the manner of the driving. The chapter examines the decisions of the Supreme Court in Hughes and in Taylor on the need for fault as to driving.