Is it up to the police or can the CPS bring it to court anyway?
Charging decided by a senior CPS lawyer with some input from the police.
Ultimately, it's down to the lawyer which can lead to clashes with the cops.
A lot of these cases are very close calls.
If it's anything it is death by careless driving.
But one might say a motorist who slows in adverse visibility and takes what action she can - shields here eyes - to improve visibility, is driving carefully and competently, not carelessly.
Lots of pressure these days to charge someone with something after a death on the road.
But the law still allows - sometimes - for something that is an accident.