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Decision to Charge

Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

Find out more about how we decide whether to charge a suspect

Find out more about private prosecutions

Driving offences involving death

The main types of driving offences involving fatalities are 'dangerous' driving and 'careless or inconsiderate' driving. The driver's behaviour is what is important, not what the driver believes. Someone may be committing a dangerous driving offence even though they believe they are driving safely.

Find out more about driving offences involving death

Previous allegations concerning Paul Smith

28/10/2004

CPS Lincolnshire received a file concerning an allegation of kidnap against Paul Smith in June 2002, together with an allegation of dangerous driving for a separate, unrelated, road traffic accident on the same date.

Paul Smith attended voluntarily at a police station, made full admissions in interview and was charged with kidnap and dangerous driving. When the CPS reviewed the evidence on the charge of kidnapping, it decided that while there was sufficient evidence for a realistic prospect of conviction, it was not in the public interest to go ahead with that charge.

This decision was taken following representations from the victim and her family which were considered by the CPS. In considering the public interest, the CPS always take into account any views made by the victim or their family and the consequences of the decision on them.

The CPS did prosecute Paul Smith for one charge of dangerous driving. He was given a 6 month referral order by Grantham Youth Court and ordered to pay compensation to the victim of the accident.

For further information contact CPS Press Office, 0207 796 8180