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You are asked to review and critically evaluate the current law applying to Scotland relating to the prosecution of drivers for causing death.
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Assume that you have been asked by the Scottish Parliament's Justice Committee to write a report in between 1500 and 2000 words. You are asked to review and critically evaluate the current law applying to Scotland relating to the prosecution of drivers for causing death. In the course of your answer you should analyse the elements of each offence, particularly in relation to any mental element which might or might not be required. Identifying differences between offences and discussing the circumstances in which each offence would be relevant, making reference where applicable to the relevance of the Highway Code. You should provide a critical evaluation of the law and its potential application. Presently in Scotland, the road traffic is primarily based on two statutes: the Road Traffic Act 19881 (RTA) as amended by the Road Traffic Act (1991)2 and the Road Traffic Offenders Act 1988 (RTO), and common law. There has...
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