Dangerous driving and the Law (No.26)

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Executive Summary
Abstract
Chapter 1
Introduction
Chapter 2
Current Position
2.1 Current legislation
2.2 Legal principles
2.3 Procedures
2.3.1 SCOTLAND
2.3.2 ENGLAND AND WALES
Chapter 3
Methodology
3.1 Research design
3.2 Research tasks
3.2.1 CASE TRACKING
3.2.2 INTERVIEWS
3.2.3 POSTAL SURVEY
3.2.4 ANALYSIS OF CONVICTION DATA HELD BY DVLA
3.2.5 ANALYSIS OF CONVICTION DATA HELD BY THE HOME OFFICE
3.2.6 ANALYSIS OF FATAL ACCIDENTS
Chapter 4
4.1 Analysis of fatal accidents
Chapter 4
4.2 Trends in conviction and sentencing
4.2.1 SCOTLAND
Figure 1: Proceedings in Scotland: all motoring offences and Careless Driving
Figure 2: Proceedings in Scotland: all motoring offences and Careless Driving
Figure 3: Percentage of proceedings in Scotland where a charge was proved
4.2.2 ENGLAND AND WALES
Figure 4: Proceedings: all motoring offences and Careless Driving
Figure 5: Proceedings: all motoring offences and Reckless/Dangerous Driving
Figure 6: Percentage of proceedings with a guilty verdict
Chapter 4
4.3 Police investigations
Chapter 4
4.4 The decision to prosecute
4.4.1 DECIDING ON THE CORRECT CHARGE
INCORRECT CHARGING (ENGLAND AND WALES)
INATTENTION
DELIBERATE ACTION
4.4.2 SPEEDING
4.4.3 SCOTLAND
4.4.4 ENGLAND AND WALES
Chapter 4
4.5 Delays in England and Wales
Chapter 4
4.6 Prosecution in court
4.6.1 ANALYSIS OF CASE HISTORIES
4.6.1.1 Description of defendants
4.6.1.2 Offences
4.6.1.3 The absence of an accident
4.6.1.4 Elements of bad driving
DANGEROUS DRIVING ELEMENTS
CARELESS DRIVING ELEMENTS
4.6.1.5 Lapses, violations, errors and aggressiveness
LAPSE IN CONCENTRATION AMONGST DANGEROUS DRIVING OFFENCES
Chapter 4
4.6.2 ISSUES ARISING IN PROSECUTION
4.6.2.1 Sheriff Court vs High Court (Scotland only)
4.6.2.2 Plea-bargaining
4.6.2.3 Technicalities
4.6.2.4 Multiple offences
4.6.2.5 Judges (England and Wales only)
4.6.2.6 Juries
4.6.2.7 Consequences
4.6.2.8 The Simmonds Appeal (England only)
4.6.2.11 Quality of prosecution
4.6.3 PENALTIES
4.6.3.1 The gaps between penalties
4.6.3.2 Fines
4.6.3.3 Community service
4.6.3.4 Forfeiture of a vehicle
4.6.3.5 Penalty points
4.6.3.6 Disqualification
4.6.3.7 Driver Improvement Scheme
4.6.3.8 Imprisonment
4.6.3.9 Mitigation
Chapter 4
4.7 Coroners' Inquests (England and Wales)
Chapter 4
4.8 Fatal Accident Inquiries (Scotland)
Chapter 4
4.9 The role of victims' families
Chapter 4
4.10 Criminal histories of persons convicted of Dangerous Driving in 1996 (England and Wales)
4.10.1 CHARACTERISTICS OF THE SAMPLE OF DANGEROUS DRIVERS
Figure 9: Age distribution of those convicted of Dangerous Driving in 1996
Figure 10: Age distribution of offenders convicted of Dangerous Driving compared to those convicted of other offences
4.10.2 CRIMINAL HISTORY OF DANGEROUS DRIVERS
Figure 11: Percentage of offenders convicted by number of previous court appearances
Figure 12: The proportion of additional offences dealt with at the same court appearance as the Dangerous Driving offence
Figure 13: Distribution of previous offences commited by the dangerous drivers with three or more previous court appearances
Figure 14: The proportion of offenders convicted of Dangerous Driving in 1996 by the number of subsequent court appearances in 1997
4.10.3 PENALTIES FOR DANGEROUS DRIVERS
Figure 15: Percentage of offenders convicted of Dangerous Driving by number of sentencing occasions and type of sentence given
Chapter 4
4.11 Driving violation history of persons convicted of Dangerous Driving in 1999
4.11.1 CHARACTERISTICS OF THE SAMPLE
Figure 16: Age distribution of persons convicted of Dangerous Driving in 1999
Figure 17: ACORN categories of persons convicted of Dangerous Driving and Great Britain as a whole
4.11.2 THE DANGEROUS DRIVING OFFENCE
Figure 18: The length of disqualification period
Figure 19: The proportion of Dangerous Driving convictions that resulted in additional sentences
4.11.3 DRIVING VIOLATION HISTORY
Figure 20: Proportion of Dangerous Driving offenders with a previous conviction by type
Figure 21: Percentage of offences committed on the first, second and third appearance date
Chapter 4
4.12 Summary of re-offending and re-test analysis
RE-OFFENDING WITH A FURTHER DANGEROUS DRIVING OFFENCE
REOFFENDING WITH ANY MOTORING OFFENCE
THE EFFECT OF RE-TESTING
Chapter 5
Discussion
Chapter 6
Possible changes in legislation
Chapter 7
Conclusions
7.1 Key questions
7.2 Profile of dangerous drivers
7.3 The offences
7.4 Prosecution
7.5 Penalties
7.6 Police investigations
7.7 Victims
Chapter 8
Recommendations
Chapter 9
Further work
Chapter 10
Acknowledgements
Chapter 11
References
Appendix A
North Report conclusions
Appendix C
Re-offending and re-tests
Appendix C
C.1 RE-OFFENDING WITH A FURTHER DANGEROUS DRIVING OFFENCE
Figure C1: Percentage of male offenders without a further Dangerous Driving offence
C.1.1 PRISON SENTENCE AND RE-OFFENDING
Appendix C
C.2 RE-OFFENDING WITH ANY MOTORING OFFENCE
Figure C7: Percentage of male offenders without a further motoring offence
C.2.1 PRISON SENTENCE AND LENGTH OF DISQUALIFICATION AND RE-OFFENDING
Figure C8: Percentage of male offenders without a further driving motoring offence: disqualification period
C.2.2 SOCIAL STATUS AND AGE
C.2.3 DRIVING VIOLATION HISTORY
Figure C9: Percentage of male offenders without a further motoring offence: number of other offences
Appendix D
Survival analysis
Appendix E
The Simmonds Appeal
Appendix F
Description of ACORN categories
Appendix G
Legal precedents
R. v. Krawec [1984] 6 Cr.App.R.(S.) 367Lord Lane C.J. and Otton J.
R. v. Downing [1996] 1 Cr.App.R.(S.) 419Swinton Thomas L.J., Waterhouse and Harrison J.J.
R. v. Moore [1994] 16 Cr.App.R.(S).536Lord Taylor C.T., Potts and Sachs T.T.
R. v. Stokes [1998] 1 Cr.App.R.(S.) 282Lord Bingham C.T. and Dyson T.
Appendix H
General gravity factors
Appendix I
Standard list offences
Appendix J
Case histories
Appendix J
Case histories
Appendix J
Case histories
Appendix J
Case histories
Appendix J
Case histories
Appendix J
Case histories

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Dangerous driving and the Law (No.26)

Table of contents

Policy, guidance and research

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