Causing death by driving offences Literature review September 2018 Dr Rachel McPherson and Professor Cyrus Tata Centre for Law, Crime & Justice, The Law School, Strathclyde University Literature review prepared for the consideration of the Scottish Sentencing Council. The views expressed are those of the authors and do not necessarily represent those of the Council. www.scottishsentencingcouncil.org.uk
[email protected] Causing death by driving offences Literature review 1.0 Death by driving: the Scottish landscape 1.1 Framework of offences In Scotland, ‘homicide’ is the umbrella term which encapsulates the separate offences1 of murder and culpable homicide. Through this distinction, a range of circumstances in which a death can be caused is represented. Since the introduction of the Road Traffic Act 1960, causing death by means of a motor vehicle has been treated separately under statutory law, and is now specifically provided for by the UK-wide Road Traffic Act 1988. Despite this, potential still exists for prosecutions to be brought under the common law2, but the view in Scotland, supported by Purcell3, seems to be that any prosecution under common law, even in the most serious of cases, can only be for culpable homicide and not murder, unless there was a wilful act intended to kill or cause physical injury. A vehicle can, of course, be used as a weapon.4 Part one of the Road Traffic Act 1988 contains the relevant offences which pertain to death by driving. The broad offences are: 1. Causing death by dangerous driving5 2. Causing death by careless or inconsiderate driving6 1 For a discussion about the extent to which these offences are separate, see Ferguson, P., and Mc Diarmid, C., 2014.