On UK roads, dashcams have become the norm. Drivers may install them for insurance protection, or just for their own peace of mind. Another reason that they can be used is to provide evidence for driving offences.
If you are facing a driving-related allegation, you may be concerned about how dashcam footage may affect you.
So, can dashcam footage be used to prosecute drivers in the UK?
To give you the quick answer – yes, dashcam footage can be used as evidence.
In this article, we will delve deeper; asking how dashcam footage is used, and what it means for you in legal terms.
How dashcam footage is used as evidence
Dashcam footage is often used as evidence in police action or prosecutions. The National Dash Cam Safety Portal – a free and independent online resource in the UK that allows drivers to submit footage to the police – has simplified the process.
Taking figures from West Midlands Police as a yardstick, we can estimate that around 90% of these submissions result in some form of action; be it a warning letter, an order for an educational course, or, in some cases, a prosecution.
A key takeaway here is that no police officer is required to be present for formal investigations to be started – the dashcam footage alone can be enough evidence.
What is required for dashcam prosecutions?
So, dashcam footage can be used as evidence in court. But it needs to meet specific legal standards in order for it to be admissible.
The footage must be; related to the incident that is being investigated; clear enough to show the alleged offence; and genuine footage that hasn’t been edited or manipulated in any way.
Dashcam footage might actually weaken a case if it is of poor quality or irrelevant. Dangerous driving solicitors can assess whether footage proves the offence alleged or is likely to be challenged.
The submission process
If police believe the footage shows an offence, they may begin formal action. In many cases, this involves sending a Notice of Intended Prosecution (NIP) to the registered keeper of the vehicle within 14 days of the alleged offence.
The NIP starts the legal process. It usually requires the keeper of the vehicle to identify the driver at the time. Failing to respond correctly to an NIP can lead to additional charges. For this reason, receiving early legal guidance can be crucial.
What types of cases is dashcam footage used in?
Dashcam footage is used to provide evidence of several types of offences. These include; dangerous or careless driving; running red lights; ignoring traffic signals; using a mobile phone when driving; when a motorist overtakes a cyclist with minimum lateral clearance; and driving without due care and attention.
A clip of dashcam footage can form the basis of police action or prosecution if it shows the alleged behaviour.
Possible outcomes from a dashcam report
There are various possible outcomes after dashcam footage is used as evidence. Not every dashcam report results in prosecution – there are also forms of police action.
Outcomes may include a warning letter from the police; an offer to attend a driver improvement or awareness course; a fixed penalty, such as a fine and points; or court prosecution for more serious allegations.
Reporting and public submissions
As we touched upon earlier in this article, most police forces now allow members of the public to submit dashcam footage through online reporting portals such as the National Dash Cam Safety Portal. The portal allows users to upload their dashcam footage, select their local police force and complete a witness statement. Police can then review the footage.
The process saves police a significant amount of time when gathering evidence. This form of reporting has increased the number of drivers facing allegations based solely on third-party footage.
If you’re contacted by the police following a dashcam submission, it’s beneficial to seek legal advice early.
Careless driving solicitors can review the footage, explain your options, and guide you through the process.
As we’ve discussed, the quality of the footage, the context of the incident, and the way the case is handled all matter. With the right legal support, you may be able to challenge the evidence, reduce charges, or avoid harsher outcomes.