road traffic collisions (policy & procedure) · road traffic collisions (policy &...

Road Traffic Collisions (Policy & Procedure)

Protective Marking Not Protectively Marked Publication Scheme Y/N Suitable for Publication Department of Origin MSOC. Uniformed Services Policy Holder Chief Inspector Head of Roads Policing Related Information Authorised Professional Practice

Road Traffic Act 1988 Road Traffic Act 1991 Road Safety Act 2006 ACPO Road Death Investigation Manual (2007) ACPO Practice Advice on the Policing of Roads (2007) ACPO Protective Services Minimum Standards (2010) ACPO Satisfying Safety Reducing Risk (2011) STATs 20 - Instructions for the Completion of Road Accident Reports (DfT October 2004) STATs 21 - Procedures for Submitting Road Accident Data to DfT (DfT October 2004) Strategic Framework for Road Safety (DfT May 2011) Police Vehicle Collision Policy Restorative Justice Policy Home Office Circular 81/1967 Home Office Circular 72/1970 Home Office Circular 59/1994 Scale of Charges for Supply of Information in Civil Proceedings 2012/13

Date First Approved at BMG 21/02/2007 This Version V3.0 – Created 07/03/2016 Date of Next Review 07/03/2019

March 2016

NOT PROTECTIVELY MARKED

Road Traffic Collisions NOT PROTECTIVELY MARKED Roads Policing ______________________________________________________________________________________

______________________________________________________________________________________ Status: V 3.0 1 Last Update: 07/03/2016


Policy Statement A key policing priority at both national and local level is the capability and capacity of the Force to provide effective and sustainable protective services for roads policing. Merseyside Police will always professionally investigate incidents in compliance with the ‘National Road Death Investigation Manual’; deal with the most serious collisions in order to continue the high level of service provided to victims and their families; secure more convictions for serious motoring offences. The overarching aim of the policy will be to ensure that those persons involved in all collisions receive an appropriate standard of service in relation to the severity of the collision, and that offenders are either educated or prosecuted in the event of their driving standard falling below, or far below, what would be expected of a competent and careful driver. Aims This policy has two main aims: 1 Provide a consistent and effective framework for reporting; categorisation; recording;

investigation and disposal decision making for road traffic collisions, so that we understand our business; focussing on quality and do the right thing in every circumstance.

2 Provide access to the correct level of support and information for victims and their families, and witnesses and other bona fide parties, to ensure we always put the needs of the community first.

Objectives The primary objectives are to reduce the numbers of people killed or seriously injured involved in road traffic collisions over the next decade to 2020 and beyond, through effective investigation and wider adoption of structured disposal options for offenders to impact on future driver behaviour. The objectives will be underpinned by:

1. The collection, verification and timely sharing of statistical data with the Department for Transport and Local Authorities under national and local road safety strategies.

2. Improved public confidence and satisfaction with action taken by the police to include response times; follow-up from the police; the investigation and treatment by the police.

3. Increased number of investigations that meet the required standard completed within agreed timescales.

4. Increased number of investigations with a positive disposal outcome. 5. Increased number of offenders dealt with through non-court options to include education

and training.

Road Traffic Collisions NOT PROTECTIVELY MARKED M.S.O.C. R.P.D. ______________________________________________________________________________________

______________________________________________________________________________________ Status: V.3.0 2 Last Update: 07/03/2016


Application and Scope All police officers and police staff, including the extended police family and those working voluntarily or under contract to Merseyside Police must be aware of, and are required to comply with, all relevant policy and procedures. This policy document sets out principles to help guide decision making and is in some parts quite prescriptive. However, it is vital that officers and staff have the freedom to innovate, exercise discretion and take risk based decisions centred on the needs of the victim and the merits of each case. There may be occasions when a member of staff is considered to have acted outside of policy but if they have done so with honesty, integrity and professionalism, to make the best decision for the community we serve, they will be trusted and supported. On occasions when this is the case, the rationale for it must be properly recorded.1 The Force Matrix Serious Organised Crime, ‘Roads Policing Department’ will have responsibility for all investigations; MSOC Business Support will have responsibility for recording/ administration relating to reportable (Section 170, Road Traffic Act 1988) and recordable (STAT’s 19 & 20) road traffic collisions. Success depends on an effective deployment / calls for service plan for the ‘Patrol Team/ Northwest Motorway Police Group’ and the ‘Investigation Team’, supported by the centralised RTC Administration Unit for recording; together with working in partnership with local authorities, the Road Safety Partnership, Highways Agency, Fire Service and Primary Care Trusts to deliver collision reduction through Enforcement, Education and Engineering. The underlying approach of intelligence-led policing will operate for roads policing and is essential in the strategy to reduce the numbers of people killed or seriously injured every year. Intelligence, information and statistics will be gathered from all available means to provide evidence based analysis to determine high-risk groups or areas and the nature and causes of collisions to enable informed planning to target the right resources at the right time. The Chief Officer lead for this policy is the Assistant Chief Constable responsible for M.S.O.C. Outcome Evaluation Outcomes should reflect specific objectives and be measured against these objectives on a routine annual basis. Responsibilities and activities involved in measurement will be included in a separate service level agreement monitored on an ongoing basis by the Head of Roads Policing Department. Governance is provided by the ‘Roads Policing Strategic’ level meeting, chaired by the Chief Superintendent for M.S.O.C. Uniformed Services.

1 This paragraph inserted 23/06/2016 to emphasise appropriate use of discretion. Version number remains unchanged.




Procedure

Version History

07/03/2016

V 3.0 – Major rewrite on review to reflect changes to organisational structure, roles, responsibilities and process.




Contents. Page

1.0 Introduction 5 2.0 Definitions 5

Reportable R.TC. 6 Recordable Injury Collision 6

3.0 Initial Reporting of an R.T.C. 6 4.0 Collision Categories : 7

4.1 Fatal / Likely to prove. 7 4.2 Serious Injury. 7 4.3 Slight Injury. 8 4.4 Non-Injury (damage only). 9 4.5 Fail-to-stop collisions - Damage only & those

involving injury 10

4.6 When NOT to take a Collision Report ? 11

5.0 Minimum Standards of Initial Completion of a NICHE RMS R.T.C. report.

11

6.0 Breath / F.I.T. Testing of those involved in Road Traffic Collisions.

12

7.0 Dealing with outside force collisions. 12 8.0 Victims & Witness Care for parties involved in a

Road Traffic Collision. 13

9.0

Investigation of Collisions & Final Outcomes: Prosecution via Postal Requisition or a Mg 4 Driver Awareness Course. Adult Simple Cautions. Reprimands and Final Warnings Scheme. Community Resolution and Restorative Justice. Surrender of Driving License . No Further Action.

15

10.0 Interviewing Driver (s) and obtaining statements from witnesses - (Mg 11’s and V.T.C. 5 & 6’s).

21

11.0 Requests from Solicitors to Interview Police Officers.

22

12.0 Supervision of Collision Investigation by Supervisors.

23

13.0 Dealing with Vulnerable Road users from Road Traffic Incidents / Collisions.

24




Appendices.

Appendix A Legal Definitions. 25 Appendix B Stats 20 completion – Recordable injury

collisions. 26

Appendix C Victim Contact quick guide. 27 Appendix D Mg 15 interview template. 29

Process Maps. Damage Only RTC’s

Reported at GEO. 34

Reported at J.C.C. 35 Damage only fail-to- stop.

Reported at GEO. 36

Reported at J.C.C. 37Slight Injury Reported at G.E.O / J.C.C. 38




1.0 Introduction The reporting of Road Traffic Collisions is an important part of police work and with some 5,500 collisions reported every year on Merseyside, being able to deal with them in an efficient and customer focused manner is an important element of the professional service we provide.

2.0 Definitions There is an important difference between a reportable collision under the Road Traffic Act and a recordable (as per Stats 20) collision required by the Department for Transport (DfT). The DfT requires the recording of all collisions involving death or personal injury, which occur on a public highway and in which one or more vehicles (not just motor vehicles) are involved. This data is recorded on the ‘Stat 19’ forms. Unfortunately, the DfT cannot accept this data without an appropriate RTC number to reference it; hence all such collisions will be recorded on the Niche MVC Reports. Where such recordable collisions occur, then the briefest of details will be entered onto Niche RTC module ; these will include, full details of vehicles, drivers and casualty’s involved, brief explanation of how the incident arose and the completed MVC Reports. No further action will be required unless there is evidence of other offences, which will be dealt with accordingly. The definition of a ‘Reportable’ Road Traffic Collision is provided at Appendix A. The definition of a ‘Recordable’ injury collision is provided at Appendix B.

3.0 Initial reporting of a Road Traffic Collision Force Policy governs the investigation of Road Traffic Collisions, with the quality of those investigations having a significant effect on Force Customer Confidence and Satisfaction performance. The M.S.O.C. Roads Policing Investigation Team will take the lead for all matters relating to both Fatal and Serious Injury collision investigation. They will provide investigative cover from 07:00 hrs to 22:00 hrs five days a week and from 09:00 hrs to 18:00 hrs at weekends. M.S.O.C. Roads Policing are available to provide specialist advice for all collisions. Roads Policing Traffic Critical Incident Manage (TCIM) will available 24 hours a day, 7 days a week, for advice and are contactable via the F.C.C. 3.1 M.S.O.C. Roads Policing Responsibilities The M.S.O.C. Roads Policing Department will investigate 100% of all collisions involving a Fatality, Serious or Slight injuries, together with Damage Only - Fail to Stop/ Report – (in accordance with Section 4.5 of this policy).




3.2 BCU Responsibilities BCU Officers & Enquiry Officer (EO) Staff taking the initial report, (when an RPD patrol is unavailable) will have responsibility for ensuring that an RTC file adheres to the minimum standards outlined in this document. BCU Officers & EO Staff must create a Niche occurrence, scan any relevant documents to the occurrence and complete the associated MVC reports in injury collisions only. No MVC reports are required for a damage only collision. The File should then be tasked by a ‘workflow’ by the O.I.C. to the associated Niche supervisors pot for an initial Q and A e.g. *BCU SUPERVISORS RTC

Where the RTC is classified as ‘Serious Injury’ the Niche occurrence MUST be brought to the attention of the duty TCIM or any other Roads Policing Supervisor, especially if the casualty is elderly. 3.3 Investigation of Police Vehicle Collisions

MSOC RPD will advise on all Police Vehicle collisions, and will attend most cases, unless otherwise deployed.

A separate policy is in existence with regards to this subject




4.0 Collision Categories

Care needs to be taken to correctly categorise each collision. Particular attention should be paid by the reporting and officer in charge as to the vulnerability of all persons involved in a collision and if deemed necessary, a V.P.R.F. 1 should be completed.

Further guidance on this subject should be made by referring to the Forces ‘Protecting Vulnerable Persons’ policy and by referring to Section 13.0 of this policy. The relevant categories are:

(i) Fatal/Likely to Prove (ii) Serious injury (iii) Slight injury (iv) Non-injury (damage only). (v) Fail to stop - damage only and those involving injury.

4.1 Fatal / Likely to Prove

This category is comprehensively covered in a separate Road Death Investigation Manual. All such collisions will by dealt by the M.S.O.C. Roads Policing Department. Fatal and likely-to-prove fatal collisions, where the suspect vehicle has failed to stop, will be the responsibility of the C.I.D., supported by Roads Policing, until such time as the offender is identified, traced and arrested.

4.2 Serious Injury This category refers to any injury that involves a change or disruption to the person’s ability to carry out their daily activities or routine. The national criteria includes:

(i) Fractures (of any description) (ii) Internal injury (iii) Severe cuts (iv) Crushing (v) Concussion (vi) Severe shock requiring hospital treatment

Any injury that results in a period of detention in hospital as an in-patient, either immediately or later, must be classified as a serious injury.

4.3 Slight Injury This category refers to any injury that causes only minimal disruption to the person’s daily activities or routine. The national criteria includes:




(i) Minor whiplash injuries (ii) Sprains (iii) Bruises (iv) Slight cuts (v) Slight shock requiring only roadside attention

When deciding on the level of injury caution should be taken in cases where elderly persons or pregnant women are involved as health complications may well develop at a later stage.

Where a slight injury road traffic collision is reported at the Force Contact Centre, a Storm Log will be created and a police patrol assigned to the incident. Where the attending officer is from the Roads Policing Department, the file may be retained for further investigation. Where a slight injury road traffic collision is reported at a General Enquiry Office, a Niche Occurrence will be created. Reports will not be created when the incident has already been dealt with a ‘Damage Only’ collision, and all details have been exchanged. Likewise a report WILL NOT be taken, where a reporting member of the Public has been advised by a Solicitor that a report is needed. Station memo book entries should be considered in these cases. The only TWO exception to this will be as follows:

1. Where the injuries are deemed as Serious

OR

2. Enquires have revealed that one of the parties was uninsured at the time of the collision or other offences are disclosed.

Likewise if an injury collision is reported after 24-hours after the time of the collision; a report WILL NOT be taken, unless the injuries are Serious. 4.4. Non-Injury (Damage Only)

Merseyside Police will only record “Damage Only” road traffic collisions on a Niche Occurrence in the following circumstances:

Fail to stop – which will be discussed at 4.5. Collision occurred in another Force Area Involvement of a Police Vehicle

In all other circumstances the only record of the collision will be the Storm Log. There will be no reclassification of such collisions unless it subsequently transpires that a ‘Serious’ injury has been sustained and this information comes to our notice at a later date and within the 30 day reporting period.




Where such a collision is reported to police and all parties have stopped and exchanged details, then the only record will be a Storm Log, which will contain the details.

4.5 Fail-to-Stop Collisions –

(DAMAGE ONLY & THOSE INVOLVING INJURY) NO REPORT WILL BE TAKEN – for collisions occurring on PUBLIC / PRIVATE car parks. EXCEPT where there is substantial damage or serious injuries as per the definition at Section 4.2, have occurred. Car Park collisions where there are minor scrapes, scratches etc. are NOT to be recorded and parties advised to contact their own insurance companies.

‘Substantial damage’ is hard to define and each case should be considered, but as a common sense approach bumpers that are ripped from the vehicle, extensive body work / panel damage etc. should be reported but NOT minor scrapes, scratches, dents etc.

There are two types of ‘fail-to-stop’ collision : DAMAGE ONLY.

Where a damage only fail-to-stop collision is reported to the Police it should established if details of the offending vehicle are known or if there is tangible evidence available to identify the vehicle, E.g Witness accounts, C.C.T.V., PNC VODs enquiries etc. Regarding CCTV, it should be verified if the collision has been captured and is there footage of evidential value. It is not sufficient to state there ‘maybe’ CCTV – this must be quantified. If no such information is available the Enquiry Officer will include relevant details in the station memo book. There is no requirement to complete Niche occurrence or a Storm log. If the report is made via phone, there is no need to record anything, as all calls to Merseyside Police are recorded.

AND

THOSE INVOLVING INJURY.

If the collision involves injury, even if we do not know the offending vehicle details / or there isn’t substantial evidence available to identify the vehicle, e.g witness accounts, CCTV, PNC VODs enquiries etc evidence to identify an offender, a brief Occurrence with MVC reports, should be created for injury statistics purposes.

4.6 When NOT to take a report Collision reports are not required, when street furniture is damaged unless the circumstances dictate a collision under 4.5. If this is generated from a STORM log just ensure the relevant local authority are aware of the incident.




Again reports are NOT required when a specified Animal under Section 170 of the Road Traffic Act 1988 is injured namely a horse, cattle, ass, mule, sheep, pig, goat or dog. Unless the circumstances dictate a collision under 4.5. If the report is made via phone, there is no need to record anything, as all calls to Merseyside Police are recorded. Please see Section 4.3 regarding damage only collisions turning out to be slight injuries.

5.0 Minimum Standards of Initial Completion of a NICHE RMS

RTC report

The reporting officer must accurately and completely record the RTC on Niche – following the associated Niche RMS user guides. Niche RMS RTC Motor Vehicle Collison (MVC) reports (Person ; Vehicle & Occurrence MVC) are only required for injury collisions of people AND MUST BE COMPLETED WITHIN 72-HOURS FROM THE COLLISION OCCURING.

It is hoped eventually to able to record first accounts of drivers and witnesses on Force issue laptops, however while this is progressed the following forms are to be used :

(i) MG NCRF/C/vMer - Driver & Vehicle Details (incorporating HORT1 and Drivers Initial

Comments) (ii) MG NCRF/D - Casualties/Witnesses Details.

In the absence of such forms, the comments should be recorded in the officers Pocket Notebook (PNB) and scanned onto the respective occurrence.

All parties at the scene should be issued with the occurrence number at the scene.

Any completed paperwork at the scene of an R.T.C. should be scanned onto Niche RMS under the ‘Reports’ tab and the hard copies sent to RTC Administrative Unit at Wavertree Road Police Station in the internal mail.

It must be ensured that the respective Occurrence number is clearly written on the paperwork.

Full Paper Files will NOT be completed. The following needs to be considered as a bare MINIMUM for the start of an RTC investigation :

1. Obtain a First account from all drivers, witness etc on MG NCRF forms or in your PNB.

2. Ensure all witness care processes are completed and that all contact information is recorded

3. Check for and seize any CCTV, which should be recorded and packaged correctly

4. Complete a legible record of actions and explanation of progress within the O.E.L.




5. Take Body Worn Camera footage of the scene and document accordingly on the O.E.L.

6. In the case of fail to stop collisions then all necessary steps at the time to trace the offender and vehicle must be completed and clearly documented prior to file transfer.

7. Record all insurance details on the OEL and a brief explanation of how the RTC

occurred.

8. The officer must complete the Niche occurrence with associated MVC Reports (if applicable) and task it to his / her supervision via a Workflow as previously outlined before they go off duty.

6.0 Breath / F.I.T. Test of drivers involved in Road Traffic

Collisions

All drivers involved in any RTC, must be breathalysed on all occasions whether suspected alcohol or not, using the Lion 500B Alcolmeter.

A “Field Impairment Test'' and a ‘Drug screening test’ must be considered following any collision and WILL BE conducted after every collision involving, ‘Likely to Prove or Fatal Injury’. Section 7 of the R.T.A. 1988, empowers police officers to conduct a preliminary tests at a hospital, all hospital procedures must be conducted in accordance with form MG/DD C and the M.S.O.C. Roads Policing Department should be contacted for advice if necessary.

7.0 Dealing with Outside Force Collisions

If the collision occurred in another force area, a skeleton RTC file should be completed on Niche RMS and with a detailed Niche O.E.L. and submitted as per Section 3.0.

If generated from a MSOC RPD Officer, the reports should be tasked to the officers own supervision before being sent to RTC Admin at Wavertree Road via a Niche task.




8.0 Victim & Witness Care for parties involved in a Road Traffic Collision

All victims, witnesses and offenders must, be regularly updated on the progress of the investigation and informed of the final outcome as outlined in ‘Community First’

Upon taking a report the officer should establish if any parties involved require regular updates on the progress or outcome of the investigation. Interested parties may include:

Drivers of vehicles involved All injured parties Witnesses In the case of vulnerable or young persons, the appropriate adult

This should be done via means of an O.E.L entry utilising a ‘Victim Contact’, and the appropriate type of contact.

The Force is committed to delivering a complete service all victims and witnesses must, therefore, be regularly updated on the progress of the investigation and informed of the final outcome. This is to be updated onto the Niche O.E.L. and will be subject to final review by the investigating officer’s supervisor. R.T.C, investigation will be intrusively supervised by B.C.U. staff to ensure that Victim Contact has been made and is documented on the O.E.L. PRIOR to the file being sent to M.S.O.C. R.P.D. for investigation.




Once the R.P.D. officers takes over the investigation or starts an investigation, regular updates MUST be provided and documented on the O.E.L. following the attached guidance.

Roads Policing supervisor will be expected to monitor this activity through intrusive supervision as a minimum at least every TWENTY EIGHT DAYS as outlined at Section 12.0, with particular attention being drawn to collisions occurring over three months ago.

See the ‘Victim Contact Quick Guide’ at Appendix C.




9.0 Investigation of Collisions & Final Outcomes

Investigation of an RTC must be conducted to the same high standards as those of any crime. Under normal circumstances, we should aim to finalise the investigation within 8 weeks of it being reported. Only in exceptional circumstances, should investigations take longer – for example if protracted enquires are being made to trace an offending driver.

Careful assessment of all the available evidence is needed to determine the most appropriate course of action.

The critical aim of effectively investigating all collisions is to reduce the number of people killed and seriously injured. This is best be achieved by selecting the option that is most likely to encourage an offender to become a more careful driver and thus reduce the chance of them re-offending. The default position for Road Traffic collision investigation is PROSECUTION, in line with the C.P.S. prosecution guidelines for RTA motoring offences, however these can be applied to other RTA offences associated with collisions. These can be found at : http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad_driving/index.html#a05 Where Prosecution is deemed necessary by a Roads Policing Supervisor ; there are seven categories from which to select the best course of action for disposal, these will be discussed as follows :

Prosecution via a Postal Requisition or Mg 4.

Driver awareness Course (DAC)

Adult Simple Cautions (MER 30).

Reprimands and Final Warnings Scheme

Community Resolution - Restorative Justice. Surrender of Driving License No Further Action




9.1 Prosecution via a Postal Requisition (PR) or Mg 4.

Initial decision-making is critical, as information for the issue of a PR must be submitted prior to the expiration of the limitation of proceedings, normally six months from the date of the commission of an offence.

All files should be submitted with the investigating officer’s recommendation to their allocated Dedicated Decision Maker (DDM), which in most cases will the RPD Supervisor (TCIM) who will make the final decision as to the most appropriate course of action for the disposal of the file. This should all be completed on the Niche OEL.

Prosecution is appropriate wherever a clear level of blameworthiness exists and there is sufficient evidence to provide a realistic chance of conviction, incorporating the CP.S. charging standards.

The charging standards are specific, Prosecutors should ensure that proceedings are not conducted for the sake of settling questions of liability for the benefit of individual drivers or insurance companies.

Prosecution is appropriate, where the circumstances of the collision incorporate one or more of the following factors:

(i) Independent witness accounts (ii) Physical evidence at scene (e.g. post collision position of vehicles, point of impact damage, skid marks & debris) (iii) Evidence of failure to adapt driving to prevailing road/weather conditions (iv) Clear & reliable admission obtained under caution and recorded on Form MG15

9.2 Driver Awareness Course (DAC) This national scheme is designed to offer an opportunity to rectify driving faults rather than to punish an offender. The Force rationale for its use is to reduce the number of collisions by training motorists to be better drivers. The course content provides theoretical and practical tuition using driving instructors approved by the Department for Transport. The scheme is available to drivers of all light vehicles and motorcycles. Drivers of Heavy Goods Vehicles and Public Service Vehicles may be recommended for a course but will have to undertake it in a light vehicle. The scheme is administered by Driving Services UK Ltd. They are responsible for providing DVLA with the details of everyone throughout England and Wales who completes a course. Anyone who is found to have undertaken a course within a preceding three (3) year period will not be eligible for another course.

Any drivers refusing a place on a course, either through non-compliance or failure to attend, will be referred for prosecution.

The following criteria must therefore apply before DAC can be recommended:

(i) The offender must hold a full driving licence and insurance certificate (ii) The degree of carelessness must be attributable to an error of judgement rather than a deliberate act




(iii) Key evidence, providing sufficient evidence to obtain a realistic prospect of conviction must be obtained, or readily available to be obtained, either on a form MG11W / VTC 5/6’s or through either tangible evidence form the scene e.g. photographs, C.C.T.V.

(iv) It is not necessary to obtain an admission from guilt from the driver. There need only be enough evidence to support a conviction.

Where DAC is recommended it is vital that the necessary evidence is gathered expediently. In light of this all offending drivers MUST be interviewed on Mg 15 as per the attached template. NO OTHER INTERVIEW TEMPLATE IS TO BE USED.

VTC 5/6 proformas to be sent out to each witness / aggrieved driver via a task sent to RTC Admin OFFICERS ARE NOT TO SEND OUT VTC 5/6’s themselves, RTC Admin. At Wavertree Road are to do this. It must be stressed, to offer a DAC, we MUST be in a position to prosecute the offending driver for an offence of careless / inconsiderate driving contrary to Section 3 of the Road Traffic Act 1988.

If we are not in this position, a DAC cannot be offered. If a DAC is offered, the processes should be clearly explained to the victim. 9.3 Adult Simple Cautions (MER 30)

Discretion can be used to deal with first time, low-level offences via a Simple Caution. This is not a form of sentence or criminal conviction. However, it forms part of an offender’s police record and may influence future decisions regarding how the Criminal Justice System will deal them with. When considering the suitability of an offence for disposal by simple caution, the decision should be referred to an officer of at least Sergeant rank for approval who is not linked to the investigation into the offence. The officer investigating the collision cannot make the decision to administer the caution. It is NOT to be used where a D.A.C. is more appropriate and hence it MUST be authorised by a M.S.O.C. Roads Policing Sergeant. The following conditions must be met: (i) The offender must be 18 years or over (ii) There must be sufficient evidence of guilt for a realistic chance of conviction (iii) The offender must have made a clear and reliable admission recorded under caution on Form MG15 or via interview via the Voluntary Attendance route. (iv) It must be in the public interest to use a Simple Caution option as the appropriate means of disposal (this normally depends on the seriousness of the offence and the circumstances of the offender) The main purposes of a Simple Caution is to deal quickly and simply with less serious offences and prevent unnecessary appearances in criminal courts. A Simple Caution is inappropriate if:

(i) The offender has received a Simple Caution for similar offence within the previous

two years (ii) Other offences are disclosed in connection with a Careless Driving offence




If a Simple Caution is being considered the full implications must be clearly explained to the suspect. Under no circumstances must suspects be pressed to admit offences in order to receive a Simple Caution as an alternative to court proceedings being taken. A suspect must not be pressed to make an instant decision on whether to accept the Simple Caution. They should be allowed to consider the matter, and take legal advice if needed. All caution information for “recordable offences” (requiring the taking of fingerprints and DNA samples) is electronically recorded on the PNC. Careless Driving is not a “recordable offence”. The fact that a Simple Caution has been given for this offence must, therefore, only be recorded on Niche RMS. The Niche system must be checked to ascertain if the offender is eligible to receive a Simple Caution. The investigating officer’s supervisor must forward the file to the Roads Policing Inspector to administer the caution. Whenever practicable, the caution should be administered at a police station. The choice of police station is for the cautioning officer to decide. If the offender is elderly, infirm or otherwise vulnerable, a caution may be administered less formally, e.g. at the offender’s home and in the presence of a friend, relative or other appropriate adult. Once the Simple Caution has been administered and the offender has signed the Form Mer 30 to accept the terms of the caution, the cautioning officer must supply the offender with a simple caution leaflet. This form explains what the caution means and its consequences. Further guidance on this subject can be found by referring to the Ministry of Justice ‘Issuing of Cautions’ guidance note issued 14.11.12013 – available on the Force intranet.

9.4 Reprimands and Final Warnings Scheme The reporting officer must first consult with the appropriate Youth Offender Team (YOT) to establish if the young person is eligible to receive a Reprimand or Final Warning. The investigating officer will notify the respective YOT by Niche task at YOS form and take guidance from them.

As with all RTC investigation, the offender must be interviewed by MG 15 or via the VA route. 9.5 Community Resolution – Restorative Justice A Community Resolution is the nationally recognised term for the resolution of a less serious offence or anti-social behaviour incident, where an offender has been identified, through informal agreement between the parties involved as opposed to progression through the traditional criminal justice process. A Community Resolution may be used with both youth and adult offenders. Restorative Justice is defined as processes which bring those harmed by crime or conflict, and those responsible for the harm, into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward.




The most widely accepted definition is that Restorative Justice is a process whereby parties with a stake in a specific offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future. An example of where this could be used are for example: E.g. – ‘Defendant who is uninsured, drives fathers vehicle a short distance in car park, colliding with a family friends car. Damage is very minor and the defendant is of good character. Instead of prosecuting, the defendant pays for the damage caused to the family friend’s vehicle’. The full guidance can be seen by referring to the Forces policy on the subject – available on the Forces Intranet site.

9.6 Surrender of Driving Licence On reaching 70 years a persons’ entitlement to drive is suspended unless an application is made to D.V.L.A. The individual concerned is simply required to sign a declaration stating that they are still fit to drive a motor vehicle. Their driving licence is then re-issued for a period of three (3) years at a time.

In cases involving elderly drivers, where there is sufficient evidence to prove an offence of Careless Driving and the person wishes to surrender their driving licence, it is acceptable for the police to forward the licence to DVLA as an alternative to court proceedings, utilising the form D.751 (available on the Forces D.V.L.A. intranet site).

However, suspects must not be pressed to take up this option. The elderly driver MUST be interviewed if this is deemed a suitable finalisation method and the process clearly explained. The D.751 surrender must be copied onto the respective Niche Occurrence.

Completed forms must be sent to the DVLA medial section and a copy e-mailed to the Forces DVLA liaison e-mail account at : [email protected]

It is worth noting that people who surrender their licence only need to re-apply for it, to get it back. There is no test or medical hence why the driver MUST be interviewed so that proceedings can be taken if the driver who has surrendered their licence decides to drive again (within the six months from the date of the collision).

A V.P.R.F. 1 should be completed in cases where surrender is considered particularly if the person is deemed vulnerable due to their medical condition, for example dementia.

This disposal option, must be explained to the victim.




9.7 No Further Action

Legal proceedings must not be taken unless substantial blame is involved. Where a successful prosecution is unlikely, due to any of the below factors, it may be appropriate to recommend No Further Action: (i) No independent witnesses (ii) No physical evidence at scene (e.g. skid marks or debris, to indicate blame) (iii) Significant conflicting accounts from drivers or witnesses (iv) Both parties are partly to blame (v) Adverse weather conditions appear to be a major factor (providing the driver took sufficient account of those conditions) (vi) No serious miscalculation and only the person at fault has suffered injury, or the damage is mainly confined to the vehicle or property owned by that person (vii) Momentary inattention or a minor error of judgement Momentary inattention or minor error of judgement can only be applied when the collision involves low speed e.g. at parking spaces, roundabouts or in traffic queues. It must not include situations where there has been a serious miscalculation or disregard for road, weather or traffic conditions. The CPS prosecutes cases on behalf of the public at large and not just in the interest of any particular individual. However, when considering the public interest test the consequences for the victim, and any views expressed by the victim or the victim’s family should be taken into account.

Prosecution is less likely to be in the public interest where all of the following apply: (i) The court is likely to impose only a nominal penalty (ii) The offence was committed as the result of a genuine mistake or misunderstanding (iii) The degree of loss or harm can be described as minor and was the result of a single incident, particularly if it was caused by a minor misjudgement In all cases, the following guidance should be considered:

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad_driving/index.html#a05

10.0 Interviewing driver (s) and obtaining statements from

witnesses - (Mg 11’s & V.T.C. 5 and 6’s) All potential defendants must be interviewed in accordance with the Police And Criminal Evidence (PACE) Act 1984. Normally this involves the interview being recorded contemporaneously on a form MG15 utilising the template attached here or alternatively being interviewed via the Voluntary Attendance route.

In most cases, drivers can be interviewed at the roadside, however attention should be sought if the driver is confused, upset etc and the interview could be deemed not to be carried out fairly.

If there is any doubt about the fitness of the interviewee, the interview should be deferred until a later date.




If a driver is interviewed at a Police Station, then the interview MUST be conducted at a Voluntary Attendance Suite, there will be no exceptions.

In every case where the investigation of a collision may result in possible court proceedings, all witness statements must be obtained on either a form MG11W or on a form VTC 5/6.

The VTC 5/6 forms will be sent out by the RTC Administration Unit upon the request of the investigating officer via Niche task.

When requesting a VTC 5 or 6 to be issued it is essential that the investigating officer first makes contact with the witness to determine if any evidential information can be provided.

The forms must only be sent out when it has been established that information provided by the witness will actually assist in the investigation.

11.0 Requests from Solicitors to interview Police Officers Deciding Whether to Accept the request These requests will normally be made via the RTC Administration Unit. In such circumstances the RTC Administration Unit will request this via Niche Task to the officers supervisor.

Enquiries should be made with the officer concerned to establish if the officer actually witnessed the collision, or was present at the scene and can provide any useful facts. If so, an interview should be agreed whether or not proceedings have commenced.

However, if the officer merely took a report of the collision and has only hearsay evidence of the incident, a letter must be sent to the solicitor stating this and refusing the interview.

Any letters requesting interviews received by individual officers or departments must be forwarded to the RTC Administration Unit in the first instance for an initial response.

A supervisory officer must be present or take sufficient steps to ensure that the interview is confined purely to facts; opinion is not to be discussed.




12.0 Supervision of Collision investigation by Supervisors 12.1 B.C.U. R.T.C. Responsibilities Collision reports taken by B.C.U. staff, MUST be quality assured by his/her own supervision before being tasked to *RTC ASSESSMENT UNIT tasking pot on Niche. The report should be robustly checked as per the Niche RMS Supervisors checklist. Files which are submitted 14-days or more, from the date of the collision, will be returned by M.S.O.C. R.P.D. to the reporting BCU officer for them to investigate. This type of delay (unless a satisfactory reason which is recorded on the O.E.L.) is not acceptable and portrays an unprofessional image of Merseyside Police to the victim involved. Hence any file which has not been quality assured by a BCU supervisor for a period of 14 days in the respective BCU Niche ‘pot’ will be assigned back to the Officers supervision for investigation. The minimum standards are outlined earlier in this policy for what is required.

12.2 M.S.O.C. Roads Policing Supervision Provide a key role for the Force in the day-to day supervision of investigations. Collision investigation files MUST be checked by a supervisor every 28 DAYS and an update placed on the O.E.L. Before a collision can be finalised, Supervisors MUST ensure that victims have been updated with a final result and intrusive supervision is encouraged with the ‘cold calling dip sampling’ of victims to see if they are happy with the level of service provided to them. This is vitally important to the force with the introduction of ‘Community First’. In addition, supervisors are to ensure any vulnerability of any persons involved, is considered and a V.P.R.F. 1 MUST be completed and tasked through the appropriate workflow on Niche. It is critical, for any collisions where serious injuries have resulted the victims are offered the services of Aftermath, and are finalised through the Roads Policing Investigation Inspector.




13.0 Dealing with Vulnerable Road users from Road Traffic Incidents / Collisions

With the introduction on 13th April of the Care Act 2015, the Force protecting vulnerable people priority is now a statutory obligation to safeguard and protect adults at risk in the same way safeguarding children is.

The definition of a Vulnerable Adult/ Adult at Risk is : Aged 18 years or over and appears to have needs for care and support (whether or not the local authority is meeting any of those needs) and is experiencing, or at risk of, abuse or neglect and as a result of those care and support needs is unable to protect themselves from either the risk of or the experience of abuse or neglect Age can be a factor in vulnerability, but age alone does not make a person vulnerable.

Officers now have a new statutory responsibility to identify and safeguarded vulnerable adults

though the Vulnerability Assessment Framework (VAF) which is a simple tool to identify

vulnerability in all people that officers come into contact with e.g. victim/suspect/witness/member

of the public.

The VAF is broken down into five checklist items:

A – Appearance and atmosphere: What do you first see? Including physical problems

B – Behaviour: What is the individual/s in distress are doing? Is this in keeping with the situation?

C – Communication: What is the individual/s in distress says? How are they saying it?

D - Danger: Whether the individual/s is in dangers and will their actions put other people in

danger?

E - Environment: Where are the individual/s situated and is anyone else there?

Officers dealing with vulnerable parties from Road Traffic Collision, particularly so in the

case of elderly drivers have a responsibility to ensure the Vulnerability Assessment

Framework is considered.

If there are any concerns e.g. dementia sufferers in senior drivers, vulnerable child passengers in

collisions for example a VPRF 1 MUST be completed.




APPENDIX A Legal Definitions 1. Road Traffic Collision If, owing to the presence of a mechanically propelled vehicle on a road, or public place, a collision occurs by which, a) personal injury is caused to a person other than the driver of that mechanically propelled

vehicle Or (b) damage is caused –

(i) to a vehicle other than that vehicle or any trailer drawn by that vehicle or, (ii) to an animal other than an animal in or on that vehicle or, (iii) to any other property constructed on fixed to, or growing in, or otherwise forming part of

the land on which the road in question is situated or land adjacent to such land Animal means, horse, cattle, ass, mule, sheep, pig, goat or dog. Section 170 of the Road Traffic Act 1988 2. Road Road means any (length of) highway and any other road to which the public has access, and includes bridges over that a road passes. It also includes footpaths and bridle ways maintained by government agencies or local authorities. Section 192(1) of the Road Traffic Act 1988 and Road Traffic Regulation Act 1984 3. Public Place Any place to which the public have open access is a public place, even if payment must be made to gain entry. Road Traffic Act 1988




APPENDIX B Recordable Injury Collisions The Department for Transport requires the recording of collisions involving death or personal injury, occurring on the public highway (different than a road) and in which one or more vehicles (not just motor vehicles) are involved (Stats 20). The definition of collision under Stats 20 is wider than that used in Section 170 of the Road Traffic Act 1988. Although the collisions are recordable under the definition, they are not reportable under the Road Traffic Act. The following three examples are recordable collisions but not reportable and require the completion of Niche MVC Reports. Be aware the collision still has to be investigated and that offences under the Road Traffic Act may still have been committed, for example careless cycling. 1) The driver of a motor vehicle who is not accompanied collides with an unattended skip at

the side of the road. The skip is undamaged and the driver received a fractured leg in the impact.

2) A pedal cyclist riding along the road suddenly falls off for no reason. He receives cuts to

his legs and does not require medical treatment. 3) A person on horseback riding along the side of the road falls off and sustains a sprained

wrist and minor bruising.




APPENDIX C Victim Contact Quick Guide

This is a brief guide to ensure that the Victim Code is complied with. All of the below contact should be updated on the OEL using the‘VICTIM CONTACT’drop down menu. If it’s not on the OEL–it never happened!

Preparing for contact

Brief yourself on all aspects of the investigation so far and what the victim has been told

Plan what you will say to them

Think about what will happen in the investigation and how you will explain this – be realistic!

Consider timescales for the investigation for follow up contact

Initial Contact

All victims are to be informed that you are the OIC within 24 hours

Provide the victim with your contact details

Ask them how they are, offer practical advice if necessary

Run through the completed actions of the investigation with them – check they understand

Explain clearly the next steps of the investigation and don’t use police jargon

At the end of contact, record everything that has been discussed on the OEL (Using F3 initial contact key)

Victim Needs Assessment

Conduct victim needs assessment for ALL victims – to receive STANDARD or ENHANCED entitlement?

ENHANCED STANDARDVictim’s needs Most serious crime victims, persistently

targeted, vulnerable, intimidated All other victims

Victim to be notified if offender: 1. Arrested; 2. Interviewed under caution; 3. Released without charge; 4. Released on police bail; 5. Changes or cancellation of bail conditions; 6. Or if a decision is made to file a report.

Within 1 working day

With 5 working days

VPS

Offer all victims a VPS; ask if they wish to read it out in court or request the Prosecutor do so and make them aware the court will decide. Make them aware they may get questioned on this and that it could appear in

the media

Update the OEL (using the F3 Victim needs assessment key)

Victim Contact Contract

Agree a realistic contact plan but ensure that this it within 28 days

Update the OEL (using the F3 victim contact contract)

Maintaining Contact

Prepare for contact (see above)

Ensure that contact is made or attempted with the victim within the agreed time scales in the contact contract and the needs assessment.

Provide a through update of the investigation to date and what will happen next.

Update OEL with every contact and what was discussed (using F3 successful/unsuccessful contact key)




Finalisation Contact

Prepare for contact (as above) and update the victim with the result. If the crime has been NFA’d – explain why

Update the OEL (using the F3 victim finalisation contact)




APPENDIX D

RECORD OF INTERVIEW

RTC Ref. No. : ______________ - URN 05 15

Contemporaneous Notes.

Person interviewed Police Exhibit No.

___.

Place of interview @ home address. Number of Pages :

Signature of interviewing officer.

Date of interview

Time commenced Time concluded

Duration of interview

Audio tape reference nos.()

Not Applicable. Visual image reference nos.()

Not Applicable.

Interviewer(s) Con. _____________ - Stationed at Smithdown Lane M.S.O.C. R.P.D.

Other persons present ________________declined legal representation.

Tape

counter times()

Person speaking

Text

00 I am investigating a road traffic collision that occurred at approximately __________________ at the roads junction between _________________.

I wish to ask you questions regarding this matter, but before I do so I am informing you of your rights.

You are not under arrest and you are free to leave at any time prior to or during this interview.

You have the right to consult with a legal advisor or solicitor at any time prior to, during, or after this interview.

If at any time during this interview you decide you wish to seek legal advice before answering any questions please say so, and I will terminate this interview in order that you exercise this right.

Do you wish to exercise any of those rights now?




Tape counter times()

Person speaking

Text

DP

Do you consent to being interviewed without taking legal advice?

DP

Before the interview commences I’m obliged to caution you.

You do not have to say anything, but it may harm your defence if you do not mention when questioned, something which you later rely on in court, but anything you do say may be given in evidence.

I will now explain my interpretation of what the caution means.

A)

That you do not have to talk to me or answer my questions if you don’t want to.

B)

But if I ask you a question and you do not give me an answer for example: If you refuse to reply or make no comment, and you later attend court and you are asked in court the same or a similar question to the one I asked you, and you give a reply to the court, the court can wonder why you did not answer the question when I asked you, as this is your opportunity to give your version of events. Choosing not to answer a question that I ask may harm your defence.

C)

During this interview I will write down every reply that you make to my questions and any part of this interview can and may be given as evidence to the court.

If there is anything that you do not understand about your rights and or the caution, please say so now, and I will explain it again.

Do you understand the caution?

DP ‘YES’.

I now intend to interview you.

I will write down my questions and your answers. At the end I will ask you to read the interview notes and to sign them as a way of verifying that they are a true account of what was said.





Person speaking

Text

Speak slowly as I have to write down what you say.

Do you understand?

DP

Are you at this moment suffering from the effects of any drugs or medical condition, which may affect this interview?

DP

Can you read and write?

DP

Are you required by law, or do you wear glasses for driving ?

DP

If so, were you wearing them at the time of the collision?

DP

Do you suffer from fits or blackouts?

DP

Have you taken any Medication that could affect your driving 24 hours before the collision? If so, what Medication did you take ?

DP

Are you aware of any defects with the vehicle that could have contributed to the collision?

DP

Please tell me, in your own words, how the collision occurred.

DP





Person speaking

Text

Do you accept responsibility for causing this collision ?

DP ‘YES’.

In my opinion, a careful and competent driver would have made adequate observations to avoid this collision. Do you agree with this ?

DP ‘YES’.

As an alternative to raising a prosecution against yourself for the offence of Careless Driving contrary to Section 3 of the Road Traffic Act 1988, I would like to offer you a place on a ‘Driver Alertness Course’. This is a course aimed at improving driver behaviour.

I now need to explain to you about the Driver Alertness Course. This Course has been set up so that when a person is involved in a Road Traffic Collision and evidence is collated by the Police which indicates that they have been Driving Without Due Care and Attention or Driving Without Reasonable Consideration to Other Road Users contrary to Section 3 of the Road Traffic Act 1988, then they may be given an option to attend a National Driver Alertness Course. The option is offered as an alternative to having the incident referred to the Crown Prosecution Service, which will result in Postal Requisition (Summons) issued to you, to attend court where they may receive a fine and penalty points on your driving licence. The course involves a mixture of driving theory, utilising the latest researched thinking on defensive driving techniques, combined with modern training methods and practical on-road driving. Once the course has been completed the details will be forwarded to the Police and no further action will be taken with regard to the collision. If however you are involved in a further collision of a similar type within a three-year period this course cannot be offered again, the details of the collision and course will be kept on a national database. The fee payable for a course does vary between service providers, but is on average around £130.00 for the one-day course. The fee is payable at the time of booking. If you accept the course but fail to attend or fail to successfully complete the course the Police will be informed and the matter will be referred back to the Crown Prosecution Service and ultimately be dealt with in the Magistrates Court.





Person speaking

Text

Are you prepared to attend a Drivers Alertness Course?

DP

Thank you for that. Our Road Traffic Administration Unit will contact you in due course with arrangements for attending such a course.

I must warn you that if you fail to attend or participate in the course then the full facts may be reported and you may be summonsed to Court for the offence of Careless Driving contrary to Section 3 of the Road Traffic Act 1988.

Do you understand ?

DP

Is there anything you would like to add, change or clarify ?

I must now inform you that the full facts will be reported and you may be summonsed to Court for the offence of driving without due care and attention, commonly known as ‘Careless Driving’ contrary to section 3 of the Road Traffic Act 1988.

Do you wish to make a reply ?

DP

Interview concluded at _____ hrs.

P.A.C.E. Codes of Practice complied with.




PROCESS MAPS Damage Only reported at General Enquiry Office.




Damage Only reported at Force Contact Centre.




Damage only fail-to-stop - reported at General Enquiry Office.




Damage only fail-to-stop - reported at Force Contact Centre.




Slight injury - reported at GEO / JCC.

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