Changing mind about police prosecution

Radwitch

Long time poster, but had to change username.

Someone I know has been in a traffic accident. He was not to blame,the other driver admitted blame at the time. He reported it to the police, but did not decide to continue with prosecution. He was in shock from the accident, had no idea about the prosecution system etc. He is a nice very young man, but quite innocent and a bit naive.

Fast forward a few weeks. Having now calmed down and off the painkillers for his injuries, he realises that he should have started a prosecution with the police. Can he now change his mind or is it too late? He has started an injury claim.

Astronaughtwannabe

As DV says, there's no such thing as pressing charges.

It's 3 years for injury and 6 for damage before your friend is out of time to claim so no rush ;-)

im-lost

Darth_Vader wrote: »

It's not for him to decide on whether there's a prosecution.

actually it is, if you're injured in a RTA, the police will generally ask what your wishes are, in regards to having the at fault party prosecuted.

the type of prosecution is then down to the police / CPS, whether that be by fixed penalty, awareness course or a day in court

so the injured party does have a major say in how the police move forward

Radwitch

So can he go back to the police and say that he's changed his mind and wants to persue prosecution?

InsideInsurance

Radwitch wrote: »

So can he go back to the police and say that he's changed his mind and wants to persue prosecution?

He can say that but ultimately its the police/ CPS actual decision. Simply by saying no previously implied they wouldnt go to court etc and thus the police decide if there is enough physical evidence without their help for a reasonable prospects of success.

They are presumably aware that almost no matter what happens in the criminal case it will have no impact at all on their civil case against the driver for their injury?

Guest101

In all cases, the police will want to get a victim statement, this needs to be backed up by attendance at court.

If the victim suggests they are inwilling to go to court, the police may decide not to proceed with passing on for prosecution.

If he now goes and changes his mind, the prosecution may fail anyway, as the court would want to know why.

- What you havent explained is why the change of heart?

Mercdriver

Some years ago, I was knocked off my bicycle by a driver pulling out of a petrol station. He was clearly negligent as I was wearing a illuminous green tabbard and for some reason, he just didn't see me. It was a sunny day sun wasn't in his eyes. He just didn't look sufficiently. I was off work for 7 months after only just getting back from a major operation. I almost lost my job because of it. I pressed for prosecution as I felt that the driver was guilty of Driving without due care and attention at the very least, and he admitted his blame to the police when they arrived. Mind you, he really wanted to take me to the local doctors or to A&E himself until I reminded him of his legal obligation to call the police and an ambulance. Police No further actioned it without consulting me once, just telling me I could sue him if I wished.

Radwitch

So I can tell him he can go back and explain that he said no before because he was in shock, on painkillers, and just wanted to go home to his Mum? Now that he has sufficiently recovered from the accident and not addled with everything, he wishes to proceed.

Minrich

Mercdriver wrote: »

Some years ago, I was knocked off my bicycle by a driver pulling out of a petrol station. He was clearly negligent as I was wearing a illuminous green tabbard and for some reason, he just didn't see me. It was a sunny day sun wasn't in his eyes. He just didn't look sufficiently. I was off work for 7 months after only just getting back from a major operation. I almost lost my job because of it. I pressed for prosecution as I felt that the driver was guilty of Driving without due care and attention at the very least, and he admitted his blame to the police when they arrived. Mind you, he really wanted to take me to the local doctors or to A&E himself until I reminded him of his legal obligation to call the police and an ambulance. Police No further actioned it without consulting me once, just telling me I could sue him if I wished.

Legal obligation ?
What happened to you happens thousands of times a year and are not prosecuted , why do you think that is ? Driving without due care and attention covers virtually every aspect of poor driving , some don't even involve accidents (like the tractor driver holding up traffic) . CPS only take the serious accidents to court otherwise there would have to be specific courts created to hear the cases (Most Careless driving cases take the whole day in court)