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Jo C.
Jo C., Barrister
Category: Traffic Law
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Experience:  Over 5 years in practice.
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A driver is arrested death by dangerous driving,

Resolved Question:

A driver is arrested death by dangerous driving, he is bailed to return to the police station while a lengthy investigation takes place. Six months later he answers police bail and is charged with causing death by dangerous driving, in the time that he is on "police bail", do the police have any power or authority to include in his bail conditions that 1. he must not drive, or , 2. Ask the dvla revoke his license while the investigation continues before the matter results in a charge or otherwise.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
1 Yes. They won't do that as it is a very wide bail condition and if they do it would be removed or restricted by the court as soon as he gets there. But on police bail they could add that condition. It would be disproportionate and if it were appealed would be limited but it is fair to say that police officers generally do not understand the meaning of the proportionality.
2 No. They can make a report to the DVLA and they will. The DVLA will not revoke though unless there are concerns about health or alcohol or drugs. If it is just bad driving then that is courts.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.
I am referring to the most serious cases of death by dangerous driving (not those from a momentary lapse of concentration), where there are aggravating factors such as leaving the scene or where it can be seen that the defendant was racing over a long period of time or driving dangerously. So in theory ,if ,a defendant was bailable, and was bailed to return to a police station while an investigation into a level one death by dangerous driving took place over a long period of time, the police could put a condition not to drive? As long as it was proportionate?
Expert:  Jo C. replied 2 years ago.
They could but they won't and if they did a court would overturn it because it is not proportionate.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69773
Experience: Over 5 years in practice.
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