Joint or Several Prosecutions in Road Traffic Cases
| Published date | 01 October 1946 |
| Date | 01 October 1946 |
| DOI | http://doi.org/10.1177/002201834601000410 |
| Subject Matter | Article |
Joint or Several Prosecutions in Road
T raffic Cases
Now
that
the
war
is over,
and
the
number of cars on
the
road increases, there is every possibility
that
the
number of prosecutions for dangerous or careless driving
will or
may
largely exceed annually
the
number dealt with
during
the
past
six years.
It
may
theretore happen in
certain police areas (as has been
the
case in
the
past)
that
where a collision takes place between two cars the Police
will proceed against both drivers, notwithstanding
that
there
are no witnesses to
the
occurrence except
the
respective
drivers,
the
only other evidence available being
that
of
the
police officer to whom
the
drivers reported
the
accident
and
who took statements from them.
To justify proceedings evidence is necessary,
and
as
it
is
the
duty
of
the
Police to be impersonal
and
not
concerned
with obtaining aconviction,
it
seems plain
that
in cases
in which neither driver wishes to give evidence against
the
other,
and
there are no other persons who can give
evidence, nothing should be done so far as
the
Police are
concerned,
the
matter
being
left
for adjustment by
the
respective insurance companies.
On
the
other
hand, supposing a car is stationary on
what
is termed
its
proper side,
and
the
driver of another
car
without
any
cause runs into
the
stationary car,
that
prima
facie
is some evidence of either dangerous or careless
driving.
In
such circumstances
the
driver of the stationary
car
may
not
only be prepared,
but
desirous,
that
the
other
driver should be proceeded against,
and
when interviewed
the
offending driver
may
make a
statement
to
the
officer
admitting
that
he was careless, or
the
driver of
the
station-
ary
car
may
allege dangerous or careless driving against
the
other driver in his presence,
and
he
may
not
deny it.
In
these circumstances aprosecution of
the
colliding driver
would be fully justified.
But
suppose
the
case is one in which
the
Police summon
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