Leicestershire Constabulary Road Traffic Collision Procedure

Transcription

1 Leicestershire Constabulary Road Traffic Collision Procedure This procedure supports the Road Traffic Collision Policy, and should be read in conjunction with the Procedure for Deployment to Road Traffic Incidents on Fast Roads Procedure Owner: Department Responsible: Chief Officer Approval: Protective Marking: Superintendent Criminal Justice DCC Not Protectively Marked Date of Next Review: April 2013 This document has been produced in conjunction with the Leicestershire Constabulary Legislative Compliance Pack Review log Date Minor / Major Section Author / No change Mar 2009 Live Karen Smith, General Manager Dec 2009 Karen Smith, General Manager Dec 2010 Minor 2, 3, 4,10, 11 Karen Smith, General Manager March 2012 Minor Mrs Sally Brooks, Case Manger Page 1 of 22

2 Contents 1. Introduction Initial Report of a Road Traffic Collision Police Attendance at RTCs When Police Attendance is Required Police Responsibilities at the Scene Off Road Collisions Breath Test and Impairment Procedures Driving Documents Interviewing Witnesses Continuity of Written Evidence Vehicle Defects Victim / Witness Care at the scene Enquiries from parties involved in RTCs No Offences or Allegations Recording of Collisions Circumstances to Record Injury Collisions Single Vehicle Collisions & Non-Stop (Offending Vehicle Unknown) Submitting the Investigation File Checking and submission of RTC Booklets Excess Alcohol Files resulting from RTCs Return of RTC Booklets Continuing the Investigation Registration and Review Investigation and Prosecution Decision-Making Guide Investigation Notice of Intended Prosecution Collisions Reported For Insurance Purposes Page 2 of 22

3 7. Examples of Injury Severity Fatal injuries Serious Injuries Slight Injuries Criteria for Referral to Driver Improvement Scheme Customer satisfaction Contacting us Glossary Page 3 of 22

4 1. Introduction This procedure outlines how the Leicestershire Constabulary will respond to Road Traffic Collisions (RTCs) reported to them. It provides a framework that ensures that all parties affected by a Road Traffic Collision are dealt with fairly and consistently. It should be read in conjunction with the Service Delivery Standards Leicestershire Police Quality of Service Commitment. These set out the support that members of the public can expect from the officers who attend the scene and from staff in the Support Units who will oversee the investigation and provide follow up support and advice, until the final conclusion. The procedures also provide guidance to Police Officers and Police Staff on: the circumstances under which police attendance is required their responsibilities at the scene recording of collisions and completing the RTC Booklet when it is appropriate to investigate/ prosecute and when it is not the decision-making process procedural information to ensure a consistent approach is adopted in relation to all RTCs customer satisfaction Advice may be sought from the Collision File Unit Manager in the Criminal Justice Unit, Mansfield House, Belgrave Gate, Leicester, LE1 3GG 2. Initial Report of a Road Traffic Collision The initial report will usually be to the Contact Management Centre (CMC) via 999 or or the Front Enquiry Desks of each Local Policing Unit. See overleaf for table of required actions. Page 4 of 22

5 ACTION - CMC Obtain relevant information Establish if an immediate response is required Determine: Ascertain: If police attendance is required If police attendance is not required, but it is a recordable collision (see Section 4 for details) REQUIREMENTS 1. Accurate location details 2. Name, address and telephone number of the caller. 3. What has happened? See Section 3.1 for guidance 1. Are there any injuries? If so, obtain details and ask if ambulance has been called. Persons trapped? Fire Brigade 2. If ambulance required and not called, make the call 3. Is the road blocked? 4. How many vehicles are involved? 5. Are there any further known hazards? 1. If the caller is involved or a witness 2. If a witness, what were the driver s actions afterwards e.g. evidence of drink/ leaving the scene 3. If a witness, is he/ she independent of those involved in the RTC? 1. Details of all vehicles 2. Have any vehicles left the scene? 3. Are there any disputes or allegations? 4. Is the caller able to await Police arrival? (if not, ensure contact details are accurate). Transfer the incident created to a relevant Dispatch Desk to arrange for resource to be deployed. Advise the caller of the legal obligations: Drivers must stop and give their names and addresses, the names and addresses of the registered keeper of the vehicle (if different) and the vehicle registration number If the collision involves personal injury, they must also produce insurance details. Insurance is to be produced to the police, not the other driver. A driver has 7 days in which to produce the insurance and other driving documents If the driver is unable to produce within 7 days, he/ she must report to the police in person as soon as practicable and in any case within 24 hours The collision should be reported at a Police Station; details will not be taken over the telephone Advise the driver(s) so that they can produce the relevant driving documents at the time of reporting. Page 5 of 22

6 Non-reportable collisions Non-stop collisions Advise the driver that the police will not attend the scene. If the caller still wishes to see a police officer, advise them to visit a Police Station; as the collision in nonrecordable, they may not be able to see a police officer on demand. The details may be passed on to their local beat officer, who will contact them in due course. This is an RTC where one of the parties has failed to stop and/ or give the required details (see legal obligations above). In addition to the questions above, establish if the collision is recent: No is there any evidence to be gained by visiting the scene? No- are there any special circumstances why a Police Officer should visit the scene? If no, create a Grade 4 incident and advise the caller to report the collision at a Police Station Yes create an incident per policy. Police Officer to attend and/ or observations message to appropriate Local Policing Unit. ACTION FRONT ENQUIRY DESK Obtain relevant information Request / record driving documents Issue leaflet REQUIREMENTS Complete an RTC Booklet or G.10A. Refer to the above, the guidelines within the RTC Booklet for guidance. Record any factors that may have contributed to the cause of the collision, as advised by the person reporting the RTC. If the person reporting the RTC is the driver of one of the vehicles involved, request relevant driving documents and record details in the Booklet. If these are not available at the time, issue HO/RT1, requesting that they are produced within 7 days at a nominated Police Station that is convenient for the person reporting The leaflet Here to Help - Road Traffic Collisions must be given to the person reporting the RTC. This provides contact details and advice, together with the level of service they can expect to receive from the Police. Ensure that the Vantage (OIS) reference number is written in the leaflet, prior to issue. Page 6 of 22

7 3. Police Attendance at RTCs 3.1 When Police Attendance is Required Police attendance is required where: Any person is injured or killed There is a suggestion that a driver has been under the influence of drink or drugs The road is obstructed There are any allegations or offences. 3.2 Police Responsibilities at the Scene Our first priority is to: Preserve life Prevent further collisions or injury Secure the scene for investigation, if needed Consider Health, Safety and Environmental risks and call other services/ specialist support, if necessary Ensure the injured are treated Ensure the free flow of traffic; set up traffic control if required Early classification of the type of RTC; notify CMC if life threatening injury/ fatal When the scene has been secured, the officers will turn their attention to the initial investigation: Examine the circumstances of the collision, determine the cause and decide whether any offences may have been committed Where appropriate, officers will administer a road-side breathalyser procedure, field impairment test or arrange for a hospital procedure (see Section 3.4) Speak to all drivers, casualties (where appropriate) and witnesses to ascertain any factors contributing to the cause of the collision. The contents of these conversations should then be written in the RTC Booklet If unable to speak to witnesses, obtain contact details for follow up Undertake PNC checks on all vehicles and drivers involved; issue HO/RT1 where no record of ownership and/or insurance Provide help, support and guidance to those in need, in what may be a stressful or traumatic time Secure CCTV evidence, if available Arrange the recovery of vehicles where appropriate Page 7 of 22

8 Where appropriate, complete an RTC Booklet, including sketch map of site of collision. Also record details of the scene, road layout and weather conditions, if considered a factor in the collision. 3.3 Off Road Collisions The Police are able to investigate collisions in public places (as defined by the Road Traffic Act 1988) for the following offences: excess alcohol or unfit through drink/ drugs dangerous driving careless driving (driving without due care and attention) failing to stop and/or failing to report a collision The offence of driving with No Insurance is also extended to other public places such as public car parks. However, the power to demand a driving licence does not extend to a public place. Driving licences are only required on a road. 3.4 Breath Test and Impairment Procedures Section 6(5) of the Road Traffic Act 1988 allows that (a) If a collision occurs owing to the presence of a motor vehicle on a road or other public place and (b) a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the collision, then the officer has the power to administer a preliminary test. Section 6(3) of the Road Traffic Act 1998 applies if a constable reasonably suspects that the person: (a) has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and (b) still has alcohol or a drug in his body or is still under the influence of a drug. then a uniformed officer has the power to administer a preliminary test. The preliminary test may be either a roadside breath test of Field Impairment Test, or both. Any constable may request a FIT, but only officers approved by the Chief Constable of the force should administer the test. A trained Officer in Field Impairment Tests can be requested by contacting the Roads Policing Unit Sergeant or Call Management Centre (CMC) Page 8 of 22

9 Officers should exercise their discretion and request a preliminary test from any driver they suspect of driving under the influence of alcohol or drugs. If it is necessary to test any driver, ensure an explanation is given, particularly if not all drivers are tested. In cases involving Section 1 RTA and 3a RTA (death by dangerous driving and death by careless driving under the influence of drink/ drugs), a preliminary test should always be completed, or the driver should be informed from the outset that they are being investigated for both alcohol and drugs. During Drink/ Drive campaigns, all drivers (including Police officers) involved in a collision where the Police attend, should be subjected to the road side breath test procedure. This applies irrespective of the time of day. In cases where a driver is taken to hospital for treatment and is unable to perform either preliminary test, then the driver and the doctor in charge of their care should be informed that the driver is being investigated for both alcohol and drugs. This should be advised at the outset of the procedure, using the wording stated in the form MGDD/C. 3.5 Driving Documents Driving documents should be checked in all Road Traffic Collisions at the scene or when reporting. If the driver or owner does not have them, details should be verified from PNC and entered in the RTC Booklet prior to submission of the report. If available the Insurance Company and policy number should be entered fully as these may be required by other parties later. If an HO/RT1 is issued, in ALL collision cases tick the following boxes: Reason for stop Accident Documents to be produced Record details Complete the reverse side of the copy HORT/1 fully to show which documents are to be produced and where. The yellow copy must be attached to the RTC Booklet. If you issue a form HO/RT1 where details are exchanged between drivers and an RTC Booklet is NOT submitted, tick the reason for issue check box rather than the accident box. 3.6 Interviewing Attending officers and Front Enquiry Staff should bear in mind the decision- making criteria in Section 6 of these Procedures, when considering whether or not a driver should be interviewed, with a view to prosecution. Page 9 of 22

10 Where a decision has been made to interview the alleged offending driver, they should be cautioned and a Contemporaneous Note Interview should be conducted and documented in the Record of Interview at Scene section of the RTC Booklet. The signature of the person interviewed should be obtained at the bottom of interview page and submitted, together with a Section 9 statement. If it is not possible to carry out a full interview, at the very least record a verbal explanation in the Collision booklet or in your pocket note book, and ask the driver to sign it. 3.7 Witnesses Witnesses are to be identified and their details taken at the scene. Indicate whether a witness is independent or a passenger in a vehicle. Complete Section A of the RTC Booklet as far as possible, especially contact details, and including address. The details of ALL persons travelling in/on a motor vehicle must be included in the report. Wherever possible all witnesses should be spoken to at the scene and a précis of what they can say included in the RTC booklet. If a witness does not wish to attend court, this should be clearly stated in the RTC booklet summary. If the Officer believes the reason they do not wish to attend is connected with fear, vulnerability or intimidation, this should be brought to the attention of the Witness Care Unit. 3.8 Continuity of Written Evidence In the case of any collision where a driver or witness records a registered number of a vehicle, it is important to obtain whatever was written (or a copy) as evidence. The person recording the vehicle registration mark should sign and date the evidence, as an exhibit. The officer who was handed the exhibit should make their identity known to the Collision File Unit in the booklet, to prove continuity of the evidence. In the case of a non-stop collision, where a defendant denies being involved, CPS may withdraw the case if the only evidence to prove the registered number of the vehicle is missing. 3.9 Vehicle Defects If a driver alleges a vehicle defect as a cause of the RTC, consideration should be given to calling a qualified vehicle examiner to the scene or have the vehicle removed by a police recovery agent to a police approved site. This is in order to examine the vehicle, before it can be allowed to proceed and establish if the alleged defect is a possible aggravating factor and may lead to an investigation or prosecution. See Section 6 for details. Page 10 of 22

11 3.10 Victim / Witness Care at the scene Provide advice and guidance, taking into consideration the needs of the victim / witness; for example notifying family. Explain what will happen next; the leaflet Here to Help - Road Traffic Collisions must be given to all parties involved. The accident reference number must be quoted. Consider any urgent actions that the victim should take and assist where possible e.g. recovery of property from vehicles Enquiries from parties involved in RTCs After completing a collision report, advise the parties involved that they will be contacted by the Collision Support Unit, within 5 working days of receiving the report. All parties will be updated as to what is happening, whether there is any investigation, and offered the opportunity to be updated regularly. This can be every 28 days, at significant points in the investigation or with the final outcome. The Collision Support Unit can also be contacted by members of the public requiring information on Leicester (0116) ext Their hours of opening are Monday to Thursday 9.30am 4.30pm, and Friday 9.30am 4pm. They should be asked to allow at least 3-5 working days after the collision for records to be updated. Contact can also be made by on: collision.supportunit@leicestershire.pnn.police.uk 3.12 No Offences or Allegations In order to prevent the Collision File Unit from conducting unnecessary enquiries, if there are no offences disclosed or allegations being made and the report is submitted due to there being injuries only an endorsement should be made in the report to this effect, e.g. No offences / allegations. Page 11 of 22

12 4. Recording of Collisions 4.1 Circumstances to Record Road Traffic Collisions will be recorded in the following circumstances: Any person is killed or injured; The officer considers an offence has been committed; Road traffic collision law (e.g. failing to stop etc.), has not been complied with; The road layout was a contributory cause of the collision. A collision fits the criteria for recording as a Police Collision (see separate "Police Collisions Policy"). An RTC Booklet (MG NCRF) must be completed in all these instances. If none of the above criteria apply, an RTC Report is NOT required, even if the police attended the scene. The Officer should make a note in their Pocket Note Book and check driving documents (see Section 3.5). No further action is required. Notes to assist in the completion of the RTC booklet are contained in the blue pages incorporated in the booklet. 4.2 Injury Collisions If the collision was on a public highway, an MG NSRF (collision statistics form) must be completed in full, and attached to the RTC booklet when submitting for registration. 4.3 Single Vehicle Collisions & Non-Stop (Offending Vehicle Unknown) Single vehicle collision cards (G.10A) are to be used for recording single vehicle collisions: Involving specified animals (pigs, cattle, goat, ass, sheep, horse, mule or dog) damage to roadside furniture and where there are no offences, allegations or personal injury. If council roadside furniture is damaged, complete a Vehicle Damaging Highway Property Card and despatch in internal mail. The cards should also be used instead of RTC Booklets for Non-Stop collisions, where the offending vehicle is not known. If none of the above criteria apply, a G.10A is NOT required, even if the police attended the scene. The Officer should make an entry in the Pocket Note Book and check driving documents (see Section 3.5). No further action is required. Page 12 of 22

13 5. Submitting the Investigation File 5.1 Checking and submission of RTC Booklets At the end of an Officer s shift, RTC Booklets must be checked for quality of completion by the duty Sergeant; this is to include checking that statements and/ or contemporaneous interviews have been conducted at the scene, wherever possible. The duty Sergeant or nominated person will then attempt to contact the parties by telephone, to receive an update on their condition (if injured) and enquire into the service they have received. Thereafter, the RTC Booklets/ Single Vehicle Report Cards (G.10a) must be submitted to the Collision File Unit within 48 hours of the collision date, for registration and further investigation. If criminal offences arise from a collision, a prosecution file should be prepared, in addition to the RTC booklet. Both file and booklet are to be kept together Charge cases should be forwarded to the Crime Prosecution Team (CPT) according to Bail Schedule. The APT will forward the RTC booklet to the Collision File Unit for registration. Reported for summons cases to be forwarded to the Collision File Unit within 7 days for registration. The RTC investigation will normally be closed, with the criminal offence(s) taking precedence. The File is then returned to the officer for further investigations to be undertaken. Fatal collisions are investigated by the Serious Collision Investigation Unit and reports will be faxed to the CFU for registration within 24 hours of occurrence. 5.2 Excess Alcohol Files resulting from RTCs If awaiting a result from Forensic regarding blood/urine specimen or a back calculation, the file should be submitted with the booklet. Officers should not retain the file; Forensic Science Providers will reply to the Collision File Unit and not the officer dealing. 5.3 Return of RTC Booklets If the Officer dealing requests for the report to be returned to carry out an investigation, it must be understood that they become responsible for ALL enquiries necessary to complete the file. Page 13 of 22

14 6. Continuing the Investigation 6.1 Registration and Review Once received in the Collision File Unit, the RTC will be registered and passed to a File Reviewer, who will review the RTC Booklet and determine the appropriate level of investigation. 6.2 Investigation and Prosecution Decision-Making Guide The framework below is intended to act as a guide when making decisions about potential offences of careless driving (driving without due care and attention) and inconsiderate driving. Any collisions arising from the more serious offence of dangerous driving would be presumed to require prosecution wherever the evidence supports such a charge. Instances of dangerous driving may be referred to the Crown Prosecution Service (CPS) for pre-charge advice and whether or not to prosecute. The framework, which has been agreed with the CPS, is based on a series of presumptions for each type of collision, followed by a list of the most common aggravating & mitigating factors. It is envisaged that this guide will be used by all everyone dealing with RTCs, to assist them in determining the correct course of action. Police officers attending the scene should make a decision whether to interview and report a driver for any offences. Not all collisions will be investigated, even if the scene has been attended by the police. Many collisions can be resolved by insurers or civil proceedings. A police investigation is not undertaken to resolve liability; only if an offence has been committed and requires bringing before a criminal court will statements be taken. The File Reviewers in the Collision File Unit will, using the report submitted by the Officer and with reference to the policy below, determine initially if an investigation is to be undertaken and later, if a prosecution is necessary. File Reviewers are the sole decision-makers and will determine whether to offer a Driver Improvement Scheme, as an alternative to summons. Page 14 of 22

15 Type of RTC Damage Only OR Slight Injury Serious Injury Investigation Presumption No investigations beyond that done by officer at scene, unless evidence available on the MG NCRF collision booklet to indicate aggravating factors are present. An investigation will always be conducted. The extent of the investigation will be determined by the circumstances of the collision, evidence at the scene and availability of independent witnesses. Prosecution Presumption No prosecution unless at least one aggravating factor is capable of proof at court. Before any prosecution is undertaken, suitability for referral to the Driver Improvement Scheme should be considered. See the criteria in Section 8 below Prosecution, unless one or more mitigating factors significantly outweigh the presumption. Before any prosecution is undertaken, suitability for referral to the Driver Improvement Scheme should be considered. See the criteria in Section 8 below The Serious Collision Investigation Unit (SCIU) Officers deal with all Fatal RTCs. Fatal OR Life- Changing (Life Changing = serious bodily harm with a lasting consequence) Life Changing RTC s, typically those involving:- Coma Paralysis Loss of limb, hearing or sight. Criminal assault with a motor vehicle should be referred for consideration by a SCIU Senior Investigating Officer in respect of who is most appropriate to conduct the investigation. This may be SCIU or BCU based staff, with or without the support of SCIU. If in doubt about any RTC SCIU officers are happy to advice re what falls within their remit. SCIU investigations are dealt with outside this policy and as such are not included and will be sent for CPS Advice. Page 15 of 22

16 Some common Aggravating and Mitigating factors: Aggravating Factors Victim detained in hospital. Fail to conform to a traffic light, pedestrian crossing, solid white line, police officer or traffic warden. Blatant disregard at a Give-Way scenario, i.e. no attempt made to give-way or no effort to take care. Serious error of judgement, e.g. overtaking when not safe for conditions. Significant driver impatience. RTC caused by aggressive driving, e.g. tailgating. Offending vehicle subject of obscured vision with driver at fault (e.g. frost). Offending driver holds no driving licence/ or is disqualified, no insurance or MOT. Significant excess speed for the circumstances. Defective vehicle part the cause of the collision. Failure to wear prescribed vision correction devices (glasses etc.) Failure to declare a notifiable medical condition e.g. epilepsy. Offending driver using handheld device or otherwise not in proper control of vehicle (e.g. dog on lap). Mitigating Factors No injury. Minor lapse of concentration. Minor error of judgement, e.g. failure to give way at junction/roundabout, misjudging speed/distance. Some attempt to take care but collision still occurs. Automatism. This should not prevent an investigation but might result in a decision not to prosecute, if corroborated. Driver surrenders licence due to age etc. Suitable for driver improvement scheme. This should not prevent an investigation but might result in a decision not to prosecute. See criteria below. Significant contribution from adverse weather e.g. ice, snow etc. (This probably should not include fog, as this itself does not lead to a loss of control). Obscured vision not driver s fault, e.g. item blowing into windscreen. No complaint from other parties to the collision. Other mitigating factor, e.g. beyond drivers control. Not in the public interest to proceed, e.g. single vehicle RTC. Page 16 of 22

17 Failure to stop/report the RTC. Vehicle has tinted window not conforming to regulation. Other aggravating factor, e.g. vehicle leaves carriageway causing injury to a person other than the driver. 6.3 Investigation Based on the information in the RTC Booklet and the guide above, the File Reviewer may undertake the following: Obtain a statement, by sending a pro-forma by post to the drivers and/ or witnesses Obtain a full statement, taken by a Police Officer where the driver/ witness would have difficulty in completing it themselves; for instance due to the nature of their injuries, or disabled witnesses. This is also used where a witness is judged to be vulnerable or has failed to respond and their evidence is considered critical to the investigation/ prosecution Obtain an interview under caution by a Police Officer, where there is evidence that an offence has been committed. Require the registered keeper of a vehicle to provide details of the driver at the time of the collision, under Section 172 of the Road Traffic Act Arrange for an Officer to obtain CCTV, if available and would assist the investigation. The officer shall make a professional judgement in how long to view CCTV evidence, but in most cases, where there is vehicle damage-only, the viewing period shall normally be limited to 60 minutes. This restriction will not apply where collisions have resulted in injuries. 6.4 Notice of Intended Prosecution A Notice of Intended Prosecution must be served on the keeper of the offending vehicle if the driver could claim that they were NOT aware of the collision occurring. (As determined in Bentley v Dickinson 1983). In the event of a collision in a public place a Notice must always be served for offences of careless driving. This notice can be posted, but it has to be sent within 14 days to the Registered Keeper. Page 17 of 22

18 6.5 Collisions Reported For Insurance Purposes Some collisions are reported some time later, if a driver is unable to verify the insurance details of the other vehicle. Names and addresses were usually exchanged at the scene, but it may later be claimed that one driver/vehicle was not insured at the time. If a report had previously been completed, we will resurrect the file and investigate the offence. If there had been no previous collision report made, force policy is to complete a booklet, only if the allegation is being made WITHIN 6 MONTHS of the collision date. Reports should not be taken purely for insurance purposes. If details were exchanged at the scene, the insurance appears to be valid and there are no injuries sustained or allegations being made, then a collision report is not required. 7. Examples of Injury Severity The following examples are deemed to be indicative of injury categorisation and are drawn from the MG NSRF, (collision stats form), used to record injury RTC statistics locally and nationally. They are not intended to be an exhaustive list, but do provide guidance as to how injuries should be classified. These same classifications are to be adopted as the injury status on the RTC booklet and for the investigative / prosecution presumptions in paragraph 22 above. 7.1 Fatal injuries "Fatal" injury includes only those cases where death occurs in less than 30 days as a result of the accident. "Fatal" does not include death from natural causes or suicide. 7.2 Serious Injuries Examples include: Fracture Internal injury Severe cuts (four or more stitches) Crushing Burns (but not including friction burns) Concussion Severe general shock requiring hospital treatment Detention in hospital as an in-patient, either immediately or later Injuries to casualties who die 30 or more days after the accident from injuries sustained in that accident See also table in 6.2 for details of life-changing injuries, which do not form a separate category within the national statistics recording. Page 18 of 22

19 7.3 Slight Injuries Examples include: Sprains, including whiplash injury, not necessarily requiring medical treatment Bruises Slight cuts Slight shock requiring roadside attention (persons who are merely shaken and who have no other injury should not be included unless they receive or appear to need medical treatment). 8. Criteria for Referral to Driver Improvement Scheme The following points are required for the offer and participation in the course. The only offences for referral are those under Section 3 of the Road Traffic Act 1988, careless driving (driving without due care and attention) or inconsiderate driving. If the driving is of such a serious nature that the offence is bordering on a Section 2 offence, Road Traffic Act 1988, (Dangerous Driving), this is not suitable and the driver should NOT be offered a place on the scheme. There must be a realistic prospect of conviction There must be no other offences arising from this incident to be dealt with by means of prosecution. (The only exception is an offence of having no MOT. The course can still be offered in this case and the MOT offence will be considered separately). The driver must hold a full current driving licence or certificate of competence to drive in the UK. (The course requires the driver to drive on a road). The driver will not have been on another Driver Improvement Course anywhere in the UK in the past 3 years. The injuries to any other party should not have been fatal or life threatening. Serious injury caused, which involved hospitalisation for over 72 hours, should not be considered. Additionally any injury resulting in long-term pain or hardship to a victim may not be suitable for referral. The driver agrees to and is prepared to pay the course fee to the service provider. Any factors such as age, ability or distance to travel to attend the course should not be a consideration to prevent a course offer being made. The aggrieved/victim s opinion of this scheme being offered will normally be sought before offering the course to the driver. If the Page 19 of 22

20 response is that they are opposed to us making this offer, the file will be referred to the Collision File Unit Manager to consider their objections and make a final decision. If the driver fails to attend the course at all, or for the full period, it will be considered as a failure and referred back to the Police for issue of summons. The driver does not necessarily have to be interviewed before an offer is made. The course can be offered as soon as the File Reviewer considers they have sufficient evidence for a realistic prospect of conviction for careless or inconsiderate driving. An offer of the scheme is subject to availability. Course places are limited and provided at the discretion of the Service Provider. Compliance with the criteria of the Service Provider is required by the driver and is a matter between the driver and the operator. Failure by the driver to attend the course, make payment or agree to accept the course date offered, will result in the offer being withdrawn and the matter referred back to the File Reviewer to consider prosecution. Referral to the course can only be made by the Collision File Unit and must not be offered to the driver by a Police Officer or Enquiry Desk Officer. They may make recommendation to the Collision File Unit, if they consider it appropriate. 9. Customer satisfaction The Leicestershire Constabulary is committed to raising levels of customer satisfaction in all areas, including to victims of RTCs. In line with all forces in England, the Leicestershire Constabulary uses telephone surveys to seek feedback and comments from victims; in line with home Office guidance, these comprise a prescribed list of questions, plus a small number of local questions. All victims are asked to assess their experience across five stages: first contact, actions, treatment, follow up and overall experience. The survey takes place within a 6-12 week period from the incident. The selection of those who are surveyed is done using random selection techniques. We welcome all responses, which are treated in confidence, if the respondent so wishes. The results are used as the basis to make recommendations and implement changes to our procedures. If you are dissatisfied with our service, please contact the Manager, Collision File Unit, Leicestershire Constabulary, Mansfield House, 74 Belgrave Gate, Leicester, LE1 3GG. Alternatively, contact the Professional Standards Department either in writing at Force Page 20 of 22

21 Headquarters, St Johns, Enderby, Leicester, LE19 2BX, or by completing the online form on our website ( In line with the Policing Pledge, we will acknowledge any dissatisfaction with the service you have received within 24 hours of reporting it to us. If the matter cannot be resolved immediately, we will provide you with a review at least every 28 days. 10. Contacting us There are a number of ways the public can get in touch with Leicestershire Constabulary, by phone, in writing and by In an emergency - for example when life is in danger or a crime is being committed - dial 999. (0116) In a non emergency - for example not requiring police attendance - or to report a non-urgent crime, we have one telephone number for the whole of Leicester, Leicestershire and Rutland. Collision Support Unit (0116) Ext 4666 Office hours are Monday to Thursday 9:30am to 4:30pm and Friday 9:30am to 4:00pm Calls are recorded as part of our commitment to maintaining the highest level of customer service. Collision.SupportUnit@leicestershire.pnn.police.uk Write to: Collision Support Unit, Mansfield House, 76 Belgrave Gate, Leicester LE1 3GG Text message access for deaf, hard of hearing or speech impaired people. Click here for more information. (0116) Ext 2798 Corporate Communications Department can provide a summary of the Road Traffic Collisions leaflet in another language or an alternative format (large print, Braille or audio format) Contacting individual officers If the identification (collar) number of a particular officer, our voice messaging system can be used to leave a message. Telephone Leicester (0116) follow the instructions and when Page 21 of 22

22 prompted, enter the officer's identification number to leave a message. If the officer's identification number is not known, a member of our Call Management Department on Leicester (0116) will be able to assist. Glossary BCU CMC CPS Basic Command Unit; one of 2 units in Leicestershire, responsible for policing within City and County geographic areas of the county. This includes police attendance at RTCs. Contact Management Centre; initial point of contact by telephone, dealing with 999 and calls Crown Prosecution Service; the Government Department responsible for prosecuting criminal cases investigated by police in England and Wales. G.10a Single Vehicle Report Cards; see 4.3 MG NCRF MG NSRF RTC See RTC Booklet Statistics form (also known as Stats 19), used to report statistical details of the RTC to the Home Office, via the Local Authority Road Traffic Collision RTC Booklet Road Traffic Collision booklet, completed by the officer at the scene, or enquiry office if reported to a Local Policing Unit. Details all the particulars of, and parties to the RTC. Also referred to as an MG NCRF SCIU Serious Collision Investigation Unit specialist unit which investigates fatal collisions. Referrals can also be made in respect of collisions involving life-changing injuries. Page 22 of 22