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Proceeding contribution from Lord Darling of Roulanish (Labour) in the House of Commons on Wednesday, 8 March 2006. It occurred during Debate on bill on Road Safety Bill [Lords].


Road Safety Bill [Lords]

Yes. A substantial body of case law in relation to that and other matters allows the court to hear the evidence and then come to a view as to whether someone is guilty of that offence. Careless and inconsiderate driving is defined in the Bill. The hon. Gentleman is right: before someone can be sentenced, they have to be convicted in law beyond reasonable doubt, so the courts are well used to determining these matters. For example, prosecutors have to decide whether there is sufficient evidence that someone has caused death by dangerous driving or careless driving. The court has to decide whether that is the case, but it would be wrong of us not to give courts the option of being able to convict someone where the evidence points clearly to the fact that their conduct was such that the natural result was someone being killed, even though they perhaps did not intend that. The hon. Gentleman is right in saying that the new proposal goes further than existing law, but I think that it is fully justified. The courts will, of course, be able to hear the evidence and come to a view. However, as with all these things, if he is making a bid to get on to the Committee that will scrutinise the Bill, he can no doubt explore the issue at greater length there.


Secondary information

Type
Proceeding contribution
Reference
443 c831-2 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Children Death Casualties Cameras Cycling First aid Driving under influence Large goods vehicles Motor vehicles Mobile phones Registration Schools Safety Roads Road signs and markings Speed limits Road traffic offences Safety belts Summertime Sleep apnoea Driving licences
Legislation
Road Safety Bill (HL) 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk