Policy relating to prosecutions following road traffic collisions (FOI)

Request

Please provide the policy detailing the circumstances under which the SOJP are authorised to make a decision to prosecute or not with respect road traffic collisions and road traffic collisions causing serious injury and the circumstances under which the decision must be taken by the law officer’s department.

Response

For any offence, police officers have the discretion to determine whether or not the Evidential Test has been met without consulting the Law Officers Department (LOD). Specifically in relation to an offence of causing serious injury by careless driving, which is an offence listed in Appendix 1 of the service level agreement (see below), legal advice is required only once an officer considers that there is sufficient evidence to charge. The below text is an extract from a service level agreement between the States of Jersey Police and the Law Officers Department (LOD).

• It is a decision for the officer in charge of an investigation in conjunction with their supervisor as to whether advice from the LOD is required. However, in relation to offences listed in Appendix 1, officers must request written advice from the LOD prior to inviting a Centenier to charge. For the avoidance of doubt, in circumstances where the Evidential Test is not passed, there is no requirement to seek pre-charge advice in relation to offences listed in Appendix 1; no further action should be taken in relation to such cases.