DOCSLIB.ORG

Enforcement of Endangerment Offences

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Enforcement of Endangerment Offences Promoting Safety for Vulnerable Road Users: Assessing the Investigation and Enforcement of Endangerment Offences End of Project Report Prof Sally Kyd & Dr Steven Cammiss A socio-legal study of the investigation and enforcement of the road traffic offences of careless driving, dangerous driving, and using a mobile phone whilst driving. 1 Glossary ANPR – Automatic number plate recognition CC – Chief Constable CCTV – Close Circuit Television CPS – Crown Prosecution Service D – the driver in a case who is deemed by police to have committed an offence. DD – dangerous driving, the offence under s.2 Road Traffic Act 1988 FOI – freedom of information FPN – fixed penalty notice HGV – heavy goods vehicle HMCTS – Her Majesty’s Courts and Tribunals Service KSI – Killed and seriously injured casualty statistics MG11 – standardised form used for witness statements by police and Crown Prosecution Service to use as evidence in court. NDAC – National Driver Alertness Course NFA – no further action (case is not prosecuted due to lack of evidence or thought not to be in the public interest) NIP – notice of intended prosecution. PCC – Police and Crime Commissioner PLP – Police Led Prosecutor PNC – Police National Computer RPU – Roads Policing Unit RTA – Road Traffic Act RTC – Road Traffic Collision SJP – Single Justice Procedure (at the magistrates’ court) TISPOL – European Traffic Police Network TOR – Traffic Offence Report TPU – Traffic Processing Unit (alternatively known as the Traffic Process Office or Traffic Process Management Unit) WDC – driving without due care and attention/careless driving under s.3. Road Traffic Act 1988. WMP – West Midlands Police WMPRHRT – West Midlands Police Road Harm Reduction Team 2 Table of contents Glossary ................................................................................................................................................... 2 Table of contents .................................................................................................................................... 3 Executive Summary ................................................................................................................................. 6 Introduction ........................................................................................................................................ 6 Methods .............................................................................................................................................. 6 Findings ............................................................................................................................................... 6 Strand 1 ........................................................................................................................................... 6 The significance of harmful results ............................................................................................. 6 Third party footage ..................................................................................................................... 7 The exercise of discretion ........................................................................................................... 7 CPS and police relationship ......................................................................................................... 7 Using a mobile telephone whilst driving..................................................................................... 7 Evidence led policing ................................................................................................................... 8 Importance of staff and structures ............................................................................................. 8 Strand 2 ........................................................................................................................................... 8 Conclusions and recommendations .................................................................................................... 8 Introduction .......................................................................................................................................... 10 Strand 1 ............................................................................................................................................. 12 Strand 2 ............................................................................................................................................. 13 Research Method .................................................................................................................................. 14 Strand 1: Analysis of traffic offence reports and interviews with criminal justice professionals ..... 14 Strand 2: focus groups with cyclists .................................................................................................. 16 Results/findings..................................................................................................................................... 20 Strand 1 ............................................................................................................................................. 20 The use of video footage .............................................................................................................. 20 The significance of harmful results ............................................................................................... 20 A note on the process ............................................................................................................... 21 Road traffic collision.................................................................................................................. 22 Police witnessed ........................................................................................................................ 24 Third party allegation ................................................................................................................ 25 The exercise of discretion ............................................................................................................. 29 3 Structured decision-making ...................................................................................................... 30 CPS involvement ....................................................................................................................... 33 The offence of use of a mobile phone whilst driving ................................................................ 34 Evidence led policing ......................................................................................................................... 36 Strand 2 ............................................................................................................................................. 40 Incidents ........................................................................................................................................ 40 Views on police enforcement ....................................................................................................... 40 Knowledge of police initiatives ..................................................................................................... 41 Managing risk ................................................................................................................................ 41 Responsibilisation, victim blaming and accessibility .................................................................... 42 Cultural change and infrastructure ............................................................................................... 43 Discussion.............................................................................................................................................. 45 Importance of staff ........................................................................................................................... 45 Reliance on individuals.................................................................................................................. 45 TPU set-up ..................................................................................................................................... 48 CPS involvement ............................................................................................................................... 51 The attitude of magistrates .............................................................................................................. 55 The significance of speed .................................................................................................................. 57 The problematic offence of use of a mobile phone whilst driving ................................................... 59 The experience of vulnerable road users (cyclists) ........................................................................... 60 Conclusion/recommendations .............................................................................................................. 63 References ............................................................................................................................................ 67 Appendix 1 – the offences .................................................................................................................... 68 Road Traffic Act 1988 ........................................................................................................................ 68 Road Vehicles (Construction and Use)
Load more

Recommended publications
  • Roads Policing
    1 Learning the Lessons Roads policing Issue 38 December 2020 www.policeconduct.gov.uk/ learning-the-lessons Improving policing policy and practice YOUR FEEDBACK ON ISSUE 37: YOUNG PEOPLE (JANUARY 2020) Thinking about the content of issue 37 I believe they [issues of the magazine] are of great value to 96% the force and I circulate them widely, particularly to staff in the (26) said the mix of cases and feature articles felt about right business areas to which the cases/ articles relate. 96% (27) said the feature articles complemented the From the last few editions I have cases featured in the magazine particularly liked some of the smaller hints found within the articles, and more 96% of these would be brilliant. I know this (23) said the case summaries were clear and issue was about young people, easy to understand but thinking back to the previous edition about mental health, one that 96% stood out was the importance of (23) said the case summaries were the right length clarifying comments on incident logs. This was really helpful (I think it mentioned the phrase ‘she’s taken her 97% medication’ could have two meanings (27) said the key questions helped to identify key of having consumed the medication or learning in the cases stolen it – both would have a very different risk attached). Maybe these Thinking about the impact of issue 37 kind of snippets could be summarised somewhere in the publication? 88% …the publication is of the right (25) said they would think differently about how they length and content and needs to remain interact with young people during their work after the case, avoiding extensions unless reading issue 37 absolutely necessary.
    [Show full text]
  • Npcc Roads Policing Strategic Review
    A strategic review that describes the state of roads policing in 2019. NPCC ROADS POLICING STRATEGIC REVIEW Review completed by: Dean Hatton Executive Business Manager NPCC Roads Policing For Chief Constable Anthony Bangham June 2019. Final revision 10th July 2019 O OFFICIAL 1 OFFICIAL Contents Aim and Limitations ................................................................................................................................ 3 Methodology .......................................................................................................................................... 3 Introduction ............................................................................................................................................ 4 Summary of Recommendations ............................................................................................................. 5 NPCC 3 Year Strategy ‘Policing our roads together’ ............................................................................... 7 Breakdown of ‘Fatal 4’ Offending and Policing ..................................................................................... 11 Speeding ........................................................................................................................................... 13 Driving under the influence of alcohol or drugs ............................................................................... 17 Case study – Drug Driving Essex Police ........................................................................................
    [Show full text]
  • PCC and CC Force Inspection Response Record Version
    PCC and CC Force Inspection response record Version: Force Staffordshire Police and Crime Matthew Ellis Commissioner Chief Constable Gareth Morgan Title of inspection Roads Policing: Not Optional July 2020 Inspectorate The inspection examined how effectively the road network of England and Wales is policed with a focus on the following four themes: 1) Are national and local roads policing strategies effective? 2) Does capability and capacity match demand? 3) Do the police engage effectively with the public and partners? 4) How well are police officers trained to deal with roads policing matters? Overall, the inspection found that roads policing in some forces is inadequate; that capability and capacity don’t meet demand; there is a lack of coordination with Summary of partners; and that roads policing training needs to be standardised and accredited. inspection The report makes 13 recommendations, to the police and other bodies, which are intended to: Give clarity and guidance to the police and other bodies about their collective responsibilities Improve forces’ understanding of the risks faced by road users in their areas Make sure forces and road safety partners work together effectively Bring about compliance with national guidance on the use of speed and red light cameras Provide greater support and training to officers who investigate road deaths Grade 6 of the recommendations are for chief constables to act on with immediate effect with Recommendations the remaining 7 required to be delivered by April or August 2021 across the Home Office, DfT, NPCC and the College of Policing. 1 Recommendation 4 With immediate effect, chief constables should make sure that roads policing is included in their force’s strategic threat and risk assessments, which should identify the areas of highest harm and risk and the appropriate responses.
    [Show full text]
  • Report to the Thames Valley Police & Crime Panel
    Report to the Thames Valley Police & Crime Panel Title: Update on Road Safety Working Group and Safer Roads Strategy Date: 20 November 2020 Author: Khalid Ahmed, Scrutiny Officer, Thames Valley Police & Crime Panel Purpose of the report The PCC has commissioned a report from TVP, updating the Panel on the work of the Road Safety Working Group (Report attached). Supt Colin Hudson from TVP will present the item and address the recommendations this Panel asked to be considered when the Road Safety Working Group was set up at a Panel meeting in April 2017. Background 1. At a Police and Crime Panel meeting in April 2017, consideration was given to an item on Roads Policing, a core part of policing. At the meeting, the Panel heard from officers from Casualty Reduction (Bucks County Council), Road Safety Unit (West Berkshire Council) and from Safer Roads Berkshire. The minutes of that meeting can be found here: Minutes of 7 April 2017 relating to Road Safety Item 2. As a result of the information the Panel received, the following recommendations were agreed: That a Working Group be set up to look at roads policing and that requests for information on this area be sent to the Deputy Chief Constable. Areas for consideration to include:- • More transparent documentation on their strategy on roads policing • Consideration of a business case for average speed cameras • Improved dialogue between police and local authorities on the siting and decommissioning of speed cameras and the need for a Deployment Strategy • Consideration of the most effective way to ensure better co-ordination of information across the Thames Valley and ways to improve partnership working.
    [Show full text]
  • Road Safety – a Priority for Police and Crime Plans?
    Road safety – A priority for police and crime plans? Action Vision Zero RoadPeace 20’s Plenty for Us December 2020 Contents 1. Introduction ..................................................................................................... 3 2. Key findings ..................................................................................................... 3 3. Going forward--Next generation of police and crime plans ............................. 5 Appendix A: Road safety in police and crime plans, England and Wales ................ 6 NORTH EAST REGION .......................................................................................................................... 6 Cleveland ........................................................................................................................................ 6 Durham .......................................................................................................................................... 6 Northumbria ................................................................................................................................... 6 YORKSHIRE AND THE HUMBER REGION .............................................................................................. 7 Humberside .................................................................................................................................... 7 North Yorkshire .............................................................................................................................. 7 South Yorkshire
    [Show full text]
  • 'A Strange Time to Be Joining the Police Service'– See April's Story on Page 12
    federationWest Midlands Police Federation August/September 2020 ‘A strange time to be joining the police service’ – See April’s story on Page 12 www.polfed.org/westmids Fixed Fee Divorce West Midlands Police + VAT* Divorce and Children Law Specialists FREE£350 first appointment McAlister Family Law is the country’s leading provider of police divorce and family services. Whether you are facing divorce and are worried about the impact on your pension or are seeking contact with your children or any other family law dispute, we are here to help. • Leaders in police divorce and children cases. • Over 20 years’ experience in representing police officers facing divorce and children disputes. • Experts in police pensions and divorce. • Fixed fees and discounted rates for police officers and personnel. *Conditions apply. See website for details. McAlister Family Law. Amanda McAlister 2nd Floor, Commercial Wharf, 6 Commercial Street, Manchester M15 4PZ Managing Partner www.mcalisterfamilylaw.co.uk 0333 202 6433 MFL A4 Police Divorce Advert.indd 1 20/03/2020 09:36 Welcome What’s inside Welcome to the August/September 2020 edition of federation - the 04 Chair’s introduction 21 Retirement seminars re-start magazine for members of West Midlands Police Federation. 05 Office staff returning to 22 Virtual run aims to boost ACC’s We are always on the look-out for Guardians House fund-raising appeal good news stories so please get in touch if you have something to share 05 Force considers bonus for 23 Have your say on pay and with colleagues. It does not have to tutors morale relate to your policing role – though we are definitely interested in hearing 06 Pay increase is a step in the 25 New policy on DSI about what’s going on around the right direction says Fed chair Force.
    [Show full text]
  • National Roads Policing Conference 2020 Driving the Future of Roads
    National Roads Policing Conference 2020 Driving the Future of Roads Policing 28-29 January 2020, Chesford Grange, Kenilworth Day One: Tuesday 28 January 9.30am Registration opens Tea/coffee and opportunity to meet the exhibitors 10.30am Welcome and Introductions – Ché Donald, PFEW National Vice-Chair 10.35am PFEW National Chair – John Apter 10.45am National Police Chiefs’ Council Roads Policing Lead – CC Anthony Bangham 11.05am Ministerial Address – Kit Malthouse, Minister of State for Crime, Policing and the Fire Service, Home Office 11.30am A Word from Our Sponsor – Paul Farley, National Police Liaison Officer, Motor Insurers’ Bureau 11.40am Operation Tutelage Update – Derek Roberts, West Midlands Police 11.50am Collision Investigation – Frances Senior, National NPCC Capability Manager, Forensic Collision Investigation Network 12.30pm Lunch 1.30pm Project Servator for Roads Policing – Roads Policing Unit, City of London Police 2.15pm Breakout Sessions: Drones for Roads Policing – South Yorkshire Police Anti-Social Use of Off-Road Motorcycles – South Yorkshire Police Commercial Vehicle Unit – Metropolitan Police and Hampshire Constabulary 3pm Tea/Coffee 3.30pm Panel Discussion: ‘What is the Role of a Roads Policing Officer?’ DCC Terry Woods, National NPCC Lead for Police Driver Training Michael Collins, College of Policing Simon Hill, PFEW Dr Helen Wells, Keele University 4.40pm NPCC Portfolio Introduction – DCC Terry Woods, National NPCC Lead for Police Driver Training 4.45pm Summary and Close – Ché Donald, PFEW National Vice-Chair
    [Show full text]
  • Telephone 101 Geoffrey Bateman Request-707144- [email protected]
    Joint Information Management Unit Operational Headquarters Tower Street Winchester Hampshire SO23 8ZD Telephone 101 Geoffrey Bateman request-707144- [email protected] [email protected] 09 February 2021 Our ref: CM/PA/002593/20 Your ref: Dear Geoffrey Bateman FREEDOM OF INFORMATION REQUEST I write in response to the above referenced Freedom of Information request submitted on the 19/11/2020, Hampshire Constabulary has now considered this request, which has been repeated below and have responded accordingly. Request Response Between October and December 2019 Our general observations are that in HMICFRS visited seven Police forces in relation to the recommendations in this England andWales. The national report report Hampshire Constabulary and excluded Hampshire Constabulary but Thames Valley Police Joint Operations nevertheless it made 13 recommendations, Roads Policing Unit is in a positive 6 of which are specific to ALL Chief position and the recent effectiveness Constables, therefore Hampshire and efficiency review provided the Constabulary's Olivia Pinkney. These opportunity to ensure we had the were:• give clarity and guidance to the requisite resources to manage our police and other bodies about their demand. A more in depth review of collectiveresponsibilities;• improve forces’ Roads Policing service delivery against understanding of the risks faced by road the report recommendations is users in their areas;• make sure forces and underway in order we can continuously road safety partners work together learn and improve. effectively;• bring about compliance with national guidance on the use of speed and We have adopted and support the red-lightcameras; and• provide greater National Roads Policing Strategy, support and training to officers who performance is strong against all of our investigate road deathsPlease could you key performance indicators such as advise a) where communities can find the attendance at injury collisions and we formal public/media response made by the are very focussed on the ‘fatal 4’.
    [Show full text]
  • HM Inspectorate of Constabulary South of England Region
    HM Inspectorate of Constabulary South of England Region Inspection of Milton Keynes BCU Thames Valley Police December 2006 C O N T E N T S Page 1. Executive Summary 1 Recommendations and Good Practice 2. Introduction 7 Methodology 3. Force Overview and Context 9 4. The BCU Overview and Context 10 5. BCU Performance 12 6. The Leadership Audit 18 The Audit Results 7. What We Found 21 Citizen Focus 21 Fairness and Equality in Service Delivery Neighbourhood Policing and Problem Solving Customer Service and Accessibility Professional Standards Reducing Crime 24 Volume Crime Reduction Investigating Crime 25 Managing Critical Incidents and Major Crime Tackling Serious and Organised Criminality Volume Crime Investigation Improving Forensic Performance Criminal Justice Processes Promoting Safety 28 Reducing Anti-Social Behaviour Protecting Vulnerable People Providing Assistance 29 Contact Management Providing Specialist Operational Support Strategic Roads Policing Resource Usage 31 Human Resource management Training, Development and Organisational Learning Race and Diversity Page Managing Financial and Physical Resources Information and Communication Technology Management National Intelligence Model Leadership and Direction 34 Leadership Performance Management and Continuous Improvement APPENDICES Appendix A – Notional Contract 37 Appendix B – Leadership Audit 40 HMIC BCU Inspection – Milton Keynes BCU (Thames Valley Police) December 2006 1. Executive Summary 1.1 Thames Valley Police recently reorganised and amalgamated its existing BCUs, with the exception of Milton Keynes. The new large BCUs are on a county basis and each BCU has a number of local police areas (LPAs) commanded by a chief inspector or superintendent that provides local service delivery while supported by the infrastructure of the larger police divisions.
    [Show full text]
  • Baseline Assessment Hampshire Constabulary October 2006
    Hampshire Constabulary - Baseline Assessment October 2006 Baseline Assessment Hampshire Constabulary October 2006 Page 1 Hampshire Constabulary - Baseline Assessment October 2006 ISBN-13: 978-1-84726-030-7 ISBN-10: 1-84726-030-6 CROWN COPYRIGHT FIRST PUBLISHED 2006 Page 2 Hampshire Constabulary - Baseline Assessment October 2006 Contents Introduction to Baseline Assessment Force Overview and Context Findings Summary of Judgements 1 Citizen Focus (Domain A) Fairness and Equality in Service Delivery Neighbourhood Policing and Problem Solving Customer Service and Accessibility Professional Standards 2 Reducing Crime (Domain 1) Volume Crime Reduction 3 Investigating Crime (Domain 2) Managing Critical Incidents and Major Crime Tackling Serious and Organised Criminality Volume Crime Investigation Improving Forensic Performance Criminal Justice Processes 4 Promoting Safety (Domain 3) Reducing Anti-Social Behaviour Protecting Vulnerable People 5 Providing Assistance (Domain 4) Contact Management Providing Specialist Operational Support Strategic Roads Policing 6 Resource Use (Domain B) Human Resource Management Training, Development and Organisational Learning Race and Diversity Managing Financial and Physical Resources Information Management National Intelligence Model 7 Leadership and Direction Leadership Performance Management and Continuous Improvement Appendix 1 Glossary of Terms and Abbreviations Page 3 Hampshire Constabulary - Baseline Assessment October 2006 Introduction to Baseline Assessment Since March 2004, Her Majesty’s Inspectorate of Constabulary (HMIC) has conducted a periodic, strategic-level performance review of each Home Office police force in England and Wales. For a range of policing activities, forces are assessed as delivering performance that is Excellent, Good, Fair or Poor. The process is known as baseline assessment (BA) and this report covers the assessment for the financial year 2005/06; performance outside this period is not taken into account in determining grades.
    [Show full text]
  • 57 Years Policing the UK Motorways
    57 Years Policing the UK Motorways On this page we take a look at the history of policing the UK motorway network since the opening of the Preston Bypass in 1958. There are a number of articles written by members of Police Car UK and we hope that you will find this page both informative and interesting! It is quite long, so make yourself a cup of tea and settle down to... 50th Anniversary of Policing the Motorway The Preston Bypass The M6 Experiment Motorway Memories and West Yorkshire Motorways The 50th Anniversary of Policing the Motorway In 2009 we celebrated the 50th anniversary of the opening of the first section of the M1 motorway. OK, before we start there is an argument that the first motorway was opened a year earlier in 1958 and was called the Preston by-pass. However, it wasn’t designated as a motorway (part of the M6) until several years later and so the other side of the coin will argue that the first ‘official’ motorway, the M1 was opened on 2nd November 1959. But the fact remains that from 1958/9 Britain’s motorway network expanded across the country and is now an integral part of our transport system and our everyday lives. And for obvious reasons it needs policing and so we find ourselves here in particular celebrating the 50th Anniversary of Policing the Motorway. Those Police officers who have worked on ‘the strip’ over the years will have an affinity towards it that is hard to describe. It can be an extremely dangerous place to work but it can also be an exhilarating one.
    [Show full text]
  • Tilley Award 2005 Application Form the Following Form Must Be
    Formatted: Font: (Asian) 바탕, (Asian) Korean Tilley Award 2005 Application form The following form must be competed in full. Failure to do so will result in disqualification from the competition. Please send competed application forms to Tricia Perkins at [email protected] All entries must be received by noon on the 29 April 2005. Entries received after that date will not be accepted under any circumstances. Any queries on the application process should be directed to Tricia Perkins on 0207 035 0262. 1. Details of application Title of the project BIKESAFE 03> Name of force/agency/CDRP: Roads Policing Unit, Hampshire Constabulary Name of one contact person with position/rank (this should be one of the authors): PC 1196 GEAR Email address: [email protected] Full postal address: Bikesafe Co ordinator Totton Police Station Testwood Lane Totton Southampton SO40 3ZE Telephone number: 023 80745363 Fax number 023 80745368 Name of endorsing senior representatives(s) ACC SIMON COLE Position and rank of endorsing senior representatives(s) ASSISTANT CHIEF CONSTABLE TERRITORIAL OPERATIONS Full address of endorsing senior representatives(s) HAMPSHIRE CONSTABULARY, POLICE HEADQUARTERS, WEST HILL, WINCHESTER, HAMPSHIRE, SO22 5DB 1 2. Summary of application In no more that 400 words please use this space to describe your project. Include details of the problem that was addressed a description of the initiative, the main intervention principles and what they were designed to achieve, the main outcomes of project particularly in relation to the problem, evidence was used in designing the programme and how the project is evaluated.
    [Show full text]