Red lights and emergency vehicles

[fungus]

I'm with Steve & Dave on this one 100 per cent.

Nigel ADI
IAM trainee observer

[jcochrane]

Thanks, John! Very detailed as usual So that leaves the question, do they think it is in the public interest to prosecute drivers safely assisting an emergency vehicle ...? I can take a wild stab at the answer

Chris

Good question, indeed. The DPP rarely visits the AGO these days so I doubt that a driving case would be referred. However, you never know.

Usually I would be a little cyncal too but I know both Patricia and Vera , very well and have much respect for them both. I do believe that they would weigh matters fully before making a balanced decision should they be presented with such a case. Whatever that decison might be.

[MGF]

in particular to consider each prosecution on an individual basis in terms of not only the available evidence but also the public interest.

Interesting, I wasn't aware of the public interest part. Any more info on how that is defined and who defines it?

Chris

Info on public interest is here

Decisions to prosecute are made by the CPS although I am not sure this includes speeding and red light offences.

The Police themselves (and whoever deals with processing camera evidence) can also choose not to start a prosecution.

There are lots of guidelines on this sort of thing but if the prosecution is started the courts probably have to see it through (subject to evidence).

The courts have the power to give someone an absolute discharge which means no fine, points etc whatsoever.

Where the offence is purely technical, very minor and carried out to facilitate the progress of an emergency vehicle this may be well be in the realm of 'not in the public interest'.

However, the test of PI appears to be very narrow in application. It is rarely used. (When you look at the criteria you may well ask yourself why the bulk of speeding offences are prosecuted but they are and wholly properly, so don't get carried away). You also need to take into account the potential consequences of a decision not to prosecute on the public as a whole.

PI is not an actual defence. If you are prosecuted you answer to the court.