... s.7 Road Traffic Act 1988. Failure to provide a specimen, of breath, blood or urine when required to do so would make the person criminally liable. The remaining situations where an omission to act will result in criminal liability are not defined by statute but are found in the common law. Where there has been a contractual duty to do something and failure to do it endangers lives the person should be held criminally liable. This is demonstrated in the case of R v Pittwood (1902). The defendant was employed by a railway company as a level crossing patrol. His contractual duty was to ensure the gate was shut when a train was due to pass. The defendant failed to do this and as a result a road user was killed in a collision with a train. The defendant was found guilty of 'gross and criminal negligence' after the judge made ...

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