Newsletter 7
October 2008
from Isobel Brydie
chairman of SCID

Well at last! After 20 years of campaigning we now have a new charge of Careless Driving Causing Death and a new charge of Causing Death whilst driving unlicensed, disqualified and/or uninsured. I am sure some of you thought that the day would never come, but it has. Never again should a family sit in Court through the agony of a careless driving charge, when the fact that an innocent loved one has been killed cannot be mentioned and cannot be taken into account in sentencing.

It has been a long and sometime weary road to travel but we got there in the end and that’s what counts. I know it will be of little comfort to those who have suffered through the iniquities of the law and the courts but I am sure it will be of some comfort to know that since the 18th august 2008 no families will now have to face that.

I would like to thank you all for the support over the years, without that we could not have kept going and achieved what we have. Thanks also to MSPs and MPs who have supported us and helped over such a long period of time.

All is not perfect but when I look back to 1985, the system is so much improved to what it was then. We will continue to monitor the new charges as they filter through the Courts in the next 6 to 12 months and carefully observe there progress and report back to you.

Yours sincerely,

Isobel Brydie
Chairman of SCID

What’s Been Happening?

Freedom of Information Request

In July 2003 14-year-old Sam Beasley was knocked off his bike and killed as he cycled home from his summer job on the Isle of Arran. Within days of their son’s death Alan and Joyce Beasley began to have serious concerns about the quality and integrity of the police investigation into the collision. The subsequent investigations by the Force’s own Complaints and Discipline Branch, and then by Her Majesty’s Inspectorate of Constabulary, did nothing to allay their concerns.

In July 2007, four years after Sam’s death, Alan and Joyce requested the following information from Strathclyde Police under the Freedom of Information Act in the hope that the information would support their allegations that the police had ignored, omitted and lost crucial evidence:

1) The Initial Death Report submitted by Strathclyde Police to the Procurator Fiscal.
2) The Standard Production Release Note submitted by Strathclyde Police to the Procurator Fiscal.
3) A copy of the documentation received by Strathclyde Police from the Procurator Fiscal authorising the release of the car involved in the collision to the owner.
4) The Crash Investigators’ Report submitted to the Procurator Fiscal.
5) The Police Report into the investigation submitted to the Procurator Fiscal.
6)The formal misconduct complaint investigation report into the Beasley’s complaint against Strathclyde Police officers.

Unsurprisingly, Strathclyde Police refused to release the information stating that parts of the Beasley’s request, such as the Police Report, did not exist. However, senior officials had referred to the police report on numerous occasions since Sam was killed and therefore, in April 2007, Alan and Joyce appealed to the Scottish Information Commissioner for a decision and they await the outcome. The appeal is listed as appeal no. 200800513 on the Commissioner’s website: www.itspublicknowledge.info

Victim Notification Scheme - A step in the right direction

SCID has campaigned for all victim families to be told of an offender’s release from prison as it has been the case that victim/victims families have only been told of an offender’s release from prison if the offender was sentenced to 4 years or more. The Victim Notification Scheme has now been extended to notify victim/victims families when an offender is sentenced to 18 months or more imprisonment.
The information victim/victims families can receive is:

(a) The date of release of the offender from prison.
(b) If the offender dies before being released.
(c) If the offender has been transferred out of Scotland, with the date of transfer.
(d) That the offender has become eligible for temporary release.
(e) If the offender has escaped/absconded.
(f) The date on which the convicted person has for any reason, in respect of sentence, returned to a prison or young offenders institution before that sentence has been served in full.
(g) The date at which the original sentence ends.

Postbag

Gareth writes:
I have been increasingly concerned with the growing issue of the growth of the Boy Racer and Custom Car industry which has sprung up in recent years. This is a worldwide issue which affects every town, and certainly here in Britain it is a large growing problem.

Have you noticed, for instance that once a modification has been made to an exhaust in order to produce a different tone or volume to the sound of the escaping exhaust gasses, how this affects the driving behaviour of the driver of the car?

They rev the engines when standing, they accelerate aggressively to maximise the effect and they drive up and down the streets in their areas endlessly in an effort to be seen by as many people as possible.

Surely this has a massive cumulative effect on the environment and on the safety and quality of life for road users and residents in these areas.

Is there a campaign targeting the problems caused by this industry and the knock on effect to road safety and environment would you know? if not, do you feel that this is an issue you would be interested in addressing as you already have a wealth of expertise at your disposal.

I feel that it is time that those concerned about road safety and environment issues, turned their attention to campaigning for legislation to outlaw modifications which promote negative driving styles, both from a road safety and environmental point of view.

Charles Lacaille [SCID website manager] writes: Well said Gareth! The Noise Abatement Society tries to address these problems: www.noiseabatementsociety.com

And thank you...
A most sincere thanks to all families for practical and financial support especially;

Carol & John McKee, Margaret & Joe Gilmour, Jim Massie, Joyce & Alan Beasley, Irene & Tony Mouat, Sandra & Pat Curran, Marion & Donald Campbell, Andy Bruce, Cecilia Mulford, Beth & John Souter, Joan & Bill McKeegan and to the two generous anonymous donors from Fife.

Road Policing Division at Tulliallan Police College who have again invited SCID to give a series of presentations on The Victims’ Perspective to police crash investigators.

Special thanks to Charles Lacaille for taking over and expanding the SCID website.

Finally

From time to time we are contacted by various sectors e.g. radio, television, journalists, fire service, police colleges etc to have input into helping raise awareness of the consequences of irresponsible driving. If this is something you would like to find out more about we would appreciate a call.

Contact details:
Joyce Beasley: 01770 810220
Isobel Brydie: 01506 880800
Margaret Dekker: 01236 610234

email: SCID@blueyonder.co.uk