Causing death by dangerous driving

s.1Road Traffic Act 1988

Causing the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place.

Causing death by dangerous driving · Road Traffic Act 1988, s.1Card 101 / 195

Points to prove

Causes – the dangerous driving must be a cause of the death. It need not be the only or the main cause, but it must be more than a minimal one (R v Hennigan 1971).
Another person – anyone other than the driver, including a passenger in the defendant’s own vehicle.
Dangerously – s.2A(1): the driving falls far below what would be expected of a competent and careful driver, and it would be obvious to such a driver that driving in that way would be dangerous. Under s.2A(2) it is also dangerous if it would be obvious that driving the vehicle in its current state would be dangerous.
Dangerous – s.2A(3): danger of injury to any person or of serious damage to property.
Mechanically propelled vehicle – not defined in the Act. It is wider than “motor vehicle” and need not be intended or adapted for road use.
Road – s.192(1): any highway and any other road to which the public has access. A public place is not defined; the question is whether the people using it are members of the public.

The maximum was raised from 14 years to life by the Police, Crime, Sentencing and Courts Act 2022, for offences committed on or after 28 June 2022.
Obligatory disqualification for at least 5 years (RTOA 1988, s.34(4ZA)) and until an extended driving test is passed (s.36). If special reasons mean no disqualification, 3 to 11 penalty points are endorsed.
If the jury acquits, it may convict of dangerous driving (s.2), causing death by careless driving (s.2B) or careless driving (s.3) instead (RTOA 1988, s.24).
Related offences: causing death by driving while disqualified (s.3ZC, 10 years) and manslaughter. A notice of intended prosecution is not required for this offence.

Legislation: Road Traffic Act 1988, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment
Last checked: 2 November 2026, against the current law on legislation.gov.uk

What are the points to prove for causing death by dangerous driving?

1. Caused the death of another person 2. By driving a mechanically propelled vehicle 3. Dangerously 4. On a road or other public place

What is the maximum sentence for causing death by dangerous driving?

Life imprisonment.

Is causing death by dangerous driving a summary, either-way or indictable offence?

Causing death by dangerous driving is indictable only: it can only be tried in the Crown Court.

What Act and section is causing death by dangerous driving?

Causing death by dangerous driving is an offence under the Road Traffic Act 1988, s.1.