Criminal Justice System: Equal Treatment of Deaths and Injuries

Lord Robathan Excerpts

Thursday 24th June 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, some of the points the noble Lord has raised are really for my colleagues in the Department for Transport, and I will pass those on. But he is absolutely right that culture is an important part of this debate; we can all think of examples around the world where there is a different culture in the way that road space is used. Of course, one has to remember that everybody who uses the road is subject to the Highway Code. That includes both the drivers of juggernauts and, if I may say so, cyclists, who sometimes appear to think that they are subject to the pavement code.

[Lord Robathan (Con)]

My Lords, I know the House will remember the cycling safety Bill in 1993, which I introduced in the other place as a 10-minute rule Bill—I see my noble friend nodding his head. This would have made a presumption of a charge of dangerous driving if a motorist had collided, through his or her fault, with a cyclist, and I still stand by that. But in this particular case, there must be a difference between accidental and intentional malign behaviour, and surely we should allow some leeway for the CPS and magistrates and judges to make their judgment on the case, rather than pass yet further laws.

[Lord Wolfson of Tredegar (Con)]

My Lords, my noble friend is absolutely right when he says that the purpose of criminal law generally is to look not only at the consequences of the behaviour but, far more importantly, at the culpability of the offender. That is the same in the context of driving as well. Where the driver intends to kill or commit serious injury by driving deliberately at somebody, it is right that they should face homicide or similar charges. But, in other cases, the problem with driving offences is that a relatively small driving error can lead to catastrophic consequences.