A police officer has been charged with causing the death of a father-of-four in a road accident.
The officer was driving a marked police vehicle which investigators said “struck” the pedestrian at about 10.15pm on Boxing Day in 2022.
Ian Hynes, 62, was rushed to Edinburgh Royal Infirmary after the collision in Livingston, West Lothian, but was pronounced dead a short time later.
The incident occurred on a well-lit section of road less than a mile from Livingston police station and just yards from a pelican pedestrian crossing.
Following a lengthy investigation by the police watchdog and Crown Office prosecutors, it was confirmed that the Police Scotland officer has been charged and is expected to appear in court in the near future.
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Officials refused to disclose the nature of the allegations against the officer but road traffic experts said he was likely to face a charge of causing death by either driving dangerously, or without showing due care and attention or consideration for other road users.
Under sentencing guidelines introduced in January, toughening up penalties for offenders convicted of causing death by driving in Scotland, sentences for the most serious cases can reach up to 12 years imprisonment .
A spokesman for the Police Investigations & Review Commissioner (PIRC) confirmed: “We were instructed by the Crown Office and Procurator Fiscal Service (COPFS) to investigate the death of Ian Hynes, in Livingston on December 26, 2022, when he received fatal injuries after being struck by a police vehicle. Our final report was issued on July 2, 2023.
“As a result of enquiries, a 32-year-old police officer has been charged in connection with the matter and a report submitted to the COPFS. As proceedings are live, we cannot comment further.”
COPFS said it could not comment on the charges until after the accused officer had appeared in court.
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Judges said that the new sentencing guidelines for death by driving offences are aimed at increasing public understanding of how such highly complex and sensitive cases are dealt with by helping courts to select a specific type and level of sentence.
The guideline, which was approved by the High Court last October, covers offences such as causing death by dangerous driving and causing death by careless, or inconsiderate, driving.
Chairwoman of the council, Lady Dorrian, the lord justice clerk, said that these offences were among the most serious, challenging, and sensitive cases dealt with by Scottish courts.
She said: “They involve tragic loss of life and have a devastating effect on the families of victims. We know that nothing can make up for the pain and loss involved in such cases.
“However, we hope that the guideline will help bereaved families and others involved to better understand the sentencing process at court. It will also assist judges in the difficult task of deciding a sentence in these cases and help to increase general public understanding of the law and sentencing practice in death by driving offences.”
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The guideline includes numerous aggravating factors which are likely to make sentencing more severe, such as the victim being a vulnerable road user.
Following Hynes’ death, friends and family paid tribute to his “kind and respectful” nature.
A regular at the Paraffin Lamp pub in Livingston, he was known as a keen pool player and was also well-regarded by his colleagues at Morrisons supermarket who considered him to be a great friend and character.
Digby Brown Solicitors said the firm was supporting Hyne’s loved ones with a fatal accident claim.
A spokesman said: “Ian’s family have been left devastated by this truly upsetting and untimely loss.
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“Their pain has been intensified by both the circumstances of his death and the aftermath so we will continue to support Ian’s family in their pursuit for answers.”
