An Eye for an Eye? A Revised Approach To 12 Motoring Offences Including Death by Dangerous Driving
A package of 12 new and revised sentencing guidelines for offenders convicted of motoring offences in England and Wales was published today by the independent Sentencing Council following consultation” – Sentencing Council.
Revised Guidelines
The offences relating to the revised guidelines are:
- Causing death by dangerous driving
- Causing death by careless driving when under the influence of drink or drugs
- Causing death by careless driving
- Causing death by driving whilst disqualified
- Causing death by driving whilst unlicensed or uninsured; and
- Dangerous driving.
The revision of the 6 existing guidelines considers new maximum sentences introduced in the Police, Crime, Sentencing and Courts Act 2022.
Significantly, as of 1st July 2023, adult motorists may be sentenced to life imprisonment if they cause another’s death by careless driving (including whilst under the influence), dangerous driving, driving whilst disqualified or driving whilst unlicensed or uninsured. In addition to this, a detailed range of sentencing categories has been introduced for dangerous driving.
New Guidelines
Previously, there were no sentencing guidelines for the following offences:
- Causing serious injury by dangerous driving
- Causing serious injury by driving whilst disqualified
- Causing serious injury by careless driving
- Causing injury by wanton or furious driving
- Driving or attempting to drive with a specified drug above the speed limit; and
- Being in charge of a motor vehicle with a specified drug above the specified limit.
Amongst a detailed route to sentence, the new guidelines detail the range of sentence which can be imposed if a Defendant is found guilty of the offence:
| Offence | Range | ||
|---|---|---|---|
| Causing serious injury by dangerous driving | 26 weeks – 5 years imprisonment | ||
| Causing serious injury by driving whilst disqualified | Community order – 4 years | ||
| Causing serious injury by careless driving | Community order – 2 years | ||
| Causing injury by wanton or furious driving | Fine – 2 years | ||
| Driving or attempting to drive with a specified drug, above the speed limit | Fine – 26 weeks custody | ||
| Being in charge of a vehicle with a specified drug above the limit | Fine – 12 weeks custody |
Impact On You
The obvious impact of the revised guidelines is that if a death were to occur and you were found guilty of one of the revised offences listed (excluding ‘dangerous driving’), the punishment has been increased from a maximum of 14 years to the equivalent to that of murder - life imprisonment.
The newly introduced guidelines in respect of the remaining offences will aim to ensure a more structured route to sentencing, and less discrepancy in sentences.
Talk To Us
If you or someone that you know may benefit form advice in relation to this area, get in touch with out expert motoring team at JMW today, for advice. Call us on 0345 872 6666 or complete our online enquiry form and we will get back to you.
This article was co-authored by Jade Halliday-Mitchell
