Oral Answers to Questions

Kevin Foster Excerpts

Tuesday 1st November 2016 Commons Chamber

[Dr Lee]

I am aware that a constituent of the hon. Gentleman was recently knocked down and killed by a driver over the drink-drive limit, and I offer my deepest condolences to the family of that constituent. Parliament sets the maximum penalties for road traffic offences, and we intend to consult by the end of the year on driving offences and penalties for the most serious cases that result in death or serious injury.

[Kevin Foster (Torbay) (Con)]

I welcome the Minister’s comments, but will he reassure me that part of the review will consider whether greater use can be made of the charge of manslaughter, so that those who have behaved so recklessly and caused someone’s death get the same type of penalty for doing that with their car as they would if they had done it with anything else?

[Dr Lee]

The Crown Prosecution Service can and will charge a person with manslaughter where the evidence supports that charge, it is in the public interest to do so and there is a reasonable prospect of a conviction. In many driving cases, however, the offending behaviour, which may be highly irresponsible, does not suggest that the vehicle was intentionally used as a weapon to kill or commit grievous bodily harm or that the standard of driving was grossly negligent.