Public consultation on the CPS Guidance on Charging Offences arising from Driving Incidents
(This consultation is now CLOSED)
The Crown Prosecution Service (CPS) currently has two documents which set out how we would approach the prosecution of driving related incidents. These are the "Guidance on Prosecuting Cases of Bad Driving" and the "Policy for Prosecuting Cases of Bad Driving" and were published in 2007 and updated in 2010. We have now consolidated these two documents into a single document, which you can read on this website or you can download and print or read a copy in PDF format (Adobe PDF document - 230kb). We want to know what you think about the fresh guidance.
Legal Guidance is central to how the CPS makes decisions and is regularly updated to reflect changes in the law and procedure. As part of our commitment to open and transparent decision making, it is freely available on our website. The aim of the Driving Incidents Guidance is to help prosecutors when dealing with charging offences arising from certain driving incidents. It outlines charging standards and factors for consideration when prosecutors are reviewing cases and making charging decisions.
We want to make sure that the final version of our Guidance is clear, fair and right.
We would appreciate your comments and views on developing the final version of the Guidance by no later than 8 November 2012.
We would prefer electronic replies to the consultation on the form provided although both written and electronic responses are acceptable.
Responding by email:
- After reading the guidance, download the response form and complete it by typing your comments into the space provided.
- Please include your name, organisation (if applicable), postal address and email address
- Save the completed form on your computer, send an email to us at HQ.DrivingConsultation@cps.gsi.gov.uk and attach your response form
- Your response must get to us by 8 November 2012
Responding by post:
- Print the response form and complete it. Use extra sheets if the form is not long enough
- Please tell us your name, organisation (if applicable), postal address and email address (if you have one)
- Send the completed form to us at the address below. Your response must get to us by 8 November 2012:
Strategy and Policy Directorate
Crown Prosecution Service Headquarters – 9th Floor
The information you send us may be passed to colleagues within the CPS, the Government or related agencies.
Furthermore, information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information legislation including the Freedom of Information Act 2000 (FOIA).
If you want the information that you provide to be treated as confidential, please be aware that, under FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could briefly explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not be regarded as binding on the CPS.
Please ensure your response is marked clearly if you wish your response and name to be kept confidential. Confidential responses will be included in any statistical summary of numbers of comments received and views expressed. The CPS will process your personal data in accordance with the Data Protection Act 1998 - in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.
If you require a copy of this Consultation Paper in any other format, for example, audio or large print, please contact the postal address above.
You can download a PDF version of this page and the draft guidance (Adobe PDF document, 230kb) from this website.
We will consider every individual response received. A summary of the consultation responses will be published on the CPS website in accordance with the Government's guidelines.
The following consultation documents are available in Welsh:
- Download the draft CPS Guidance on Charging Offences arising from Driving Incidents consultation document in Welsh (Adobe PDF document - 230kb)
- Dadlwythwch y fersiwn Gymraeg o'r cyfarwyddyd cyhuddo troseddau sydd yn ymwneud â Digwyddiadau Gyrru (Dogfen Adobe PDF – 138kb)
- Download the Welsh version of the consultation response document in Welsh (Microsoft Word file, 34kb).
- Dadlwythwch y fersiwn Gymraeg o'r ddogfen ymateb i'r ymgynghoriad sydd yn ymwneud â Digwyddiadau Gyrru. (Ffeil Microsoft – 39kb)
The key Consultation Principles are:
- departments will follow a range of timescales rather than defaulting to a 12-week period, particularly where extensive engagement has occurred before;
- departments will need to give more thought to how they engage with and consult with those who are affected;
- consultation should be 'digital by default', but other forms should be used where these are needed to reach the groups affected by a policy; and
- the principles of the Compact between government and the voluntary and community sector will continue to be respected.
The complete Consultation Principles are available from the Cabinet Office website (opens in new window).