Application of the Crown Prosecution Full Code Test

INTEGRATED LEGAL SKILLS AND SYSTEMS
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March 6, 2023
1 Part (a): Applying the Crown Prosecution Full Code Test
The Crown Prosecution Service (CPS) decides whether a person should be charged with a criminal offence and brought before a court. In order to make this decision, the CPS applies the Full Code Test, which consists of two stages: the evidential stage and the public interest stage. In this case, Mr Smith has been involved in a fatal car accident while possessing a class A drug. The question is whether he should be charged with causing death by careless driving or causing death by dangerous driving.
1 Causing Death by Careless Driving
Section 2B of the Road Traffic Act 1988 provides that a person is guilty of causing death by careless driving if their driving standard falls below that of a competent and careful driver and causes another person's death. Section 3ZA(2) of the same Act sets out the maximum penalty for this offence: imprisonment for a term not exceeding five years, a fine, or both.
1 Evidential Stage Test
In order to satisfy the evidential stage test, the CPS must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. In this case, Mr Smith admits to possessing a class A drug but denies driving under the influence or causing death by dangerous driving. The forensic and police investigations suggest that the bad weather may have caused a loss of control of the car if it travelled at 60mph or above. However, there is no direct evidence that Mr Smith was driving at such a speed or that the drug influenced his driving.
2 Public Interest Stage Test
Even if the evidential stage test is satisfied, the CPS must also consider whether it is in the public interest to bring the case to court. In this case, the death of two people, one of whom was pregnant, is very serious and may warrant prosecution. However, the lack of direct evidence of Mr Smith's driving behaviour and the fact that he has no previous convictions or history of reckless driving may suggest that a prosecution for causing death by careless driving may not be in the public interest. Additionally, the fact that the collision was caused by poor visibility and flooded streets may further suggest that this was an unfortunate accident rather than careless driving.
2 Causing Death by Dangerous Driving
Section 1 of the Road Traffic Act 1988 sets out the offence of causing death by dangerous driving, which requires that the driving is dangerous and causes the death of another person. Section 2A of the same Act sets out the maximum penalty for this offence: imprisonment for a term not exceeding 14 years, a fine, or both.
3 Evidential Stage Test
In order to satisfy the evidential stage test for causing death by dangerous driving, the CPS must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction (Cunningham 2017). In this case, the presence of cocaine in Mr Smith's car suggests that he may have been under the influence of the drug at the time of the accident. Additionally, the fact that the collision resulted in the death of two people and that Mr Smith was driving a new sports car may suggest t...