Guildford Joshua Brown 999 death: No charges for police
A police officer who hit and killed a trainee soldier on the A31 in Surrey as he responded to an emergency call in foggy weather will not face charges.
Joshua Brown, 21, of Nottinghamshire, was struck by a marked car travelling at 80mph on the dual carriageway near Guildford in 1 December 2012.
The Crown Prosecution Service said the officer could not have predicted anyone would be in the road at 03:30 GMT.
It said it had written to Mr Brown's family to explain its decision.
The trainee soldier, who was based at Bordon, Hampshire, had been walking on the road at Hog's Back. He died at the scene.
A Crown Prosecution Service (CPS) spokesman said visibility was impaired and the officer was responding to an emergency call "requiring an urgent response"
He added: "To prove the offence of causing death by careless driving, it would have to be established that the standard of driving fell below what would be expected of a competent and careful driver.
"Although the driver had broken the speed limit, emergency responders can legally do so provided that they exercise all due care.
"The police officer had moved into the off-side lane to minimise the risk of a collision with vehicles joining the carriageway and was using the vehicle's fog lights to improve visibility.
"While the driver's speed made it impossible to stop in the time between Mr Brown coming into view and the collision, he could not have predicted that a person would be standing on the dual carriageway at 3:30am.
"In all of the circumstances, it could not be proved that the standard of driving fell below what would be expected of a competent and careful driver.
"For the same reasons, there is insufficient evidence to support a charge of causing death by dangerous driving."
The incident was initially referred to the Independent Police Complaints Commission (IPCC), which passed the matter on to the CPS.