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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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The CPS have decided to prosecute a driver who caused death.

Resolved Question:

the CPS have decided to prosecute a driver who caused death. they determine the charge to be careless. We believe it should be dangerous. the magistrates Court hearing is set for 3rd May.
What can we do to challenge this choice of prosecution? Is there a way we can make our own prosecution inn a Crown Court with our own representation to put what we believe to be the whole facts before a court to judge.?
Should we wait until the hearing is completed? We can see that the defendant will be represented by his lawyer but we are not represented by the CPS. they act fro the Police and the Crown. We have no access to the investigation reports or response rom the CPS or their choice of charge which we believe to be shallow. We fear the death of our relative will be passed by because the system is not really interested and it has a terrible public track record. Additionally this death has caused the family overt�1ook in unplanned taxes and loss of business since Oct 2015. Are we to just accept that as bad luck?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
I am sorry but there isn't a way to challenge the charge.
Expert:  Jo C. replied 9 months ago.
It is possible to ask for a review of a decision not to prosecute but not of the choice of charge.In any event, you are bereaved relatives rather than actual victims of an offence so that right would not be engaged.
Expert:  Jo C. replied 9 months ago.
I'm very sorry but this is all proper procedure I'm afraid. They have chosen a charge probably because the risk of acquittal is lower but that is a judgement call for CPS.There is no right to be represented otherwise than by the prosecution advocate because the Crown brings cases in the UK to secure the independence of a prosecution.The civil courts are the place for wrongs to be settled between individuals. Criminal courts deal with the disputes between the Crown and people who break the law.Sorry but that is an ancient and entrenched principle.Can I clarify anything for you?Jo
Customer: replied 9 months ago.
Yes Please.
is it true that I could only make a civil case for financial compensation?
Is it true that I cannot take the driver to court on my own behalf and charge him with causing death by dangerous driving?
What type of case and what specialisation of law would I have to look for?
thank you
felicity
Expert:  Jo C. replied 9 months ago.
1 Yes, you could.2 Not if the Crown have prosecuted him already. Can't be prosecuted twice.3 See above. Private prosecutions tend to fare badly anyway because CPS just take them over and drop them.
Jo C., Barrister
Category: Law
Satisfied Customers: 69536
Experience: Over 5 years in practice
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