The UK Government has launched a consultation exercise over plans to introduce life sentences for those found guilty of causing death by dangerous driving.
Although Scotland has its own criminal justice system, matters relating to road traffic offences and penalties are generally reserved to allow for consistency of treatment and approach between the road networks in different parts of the UK. Therefore any changes to road traffic offences and penalties resulting from this consultation would also be applied in Scotland.
The consultation deals with the most serious road offences. It does not cover other driving or regulatory offences such as speeding, the setting of drink drive limits, the basic offences of careless or dangerous driving and driving whilst using a mobile phone.
Through the consultation exercise, the Government is seeking views on whether the current maximum penalties available to the courts should be increased. Proposals include:
In 2015, 122 people were sentenced for causing death by dangerous driving, with a further 21 convicted of causing death by careless driving whilst under the influence.
The Government hopes the measures will see custodial sentences for causing death by careless or dangerous driving increase – from an average of 45.8 months in 2015.
“Killer drivers ruin lives,” said Justice Minister Sam Gyimah. “Their actions cause immeasurable pain to families, who must endure tragic, unnecessary losses.”
“While impossible to compensate for the death of a loved one, we are determined to make sure the punishment fits the crime,” he added. “My message is clear – if you drive dangerously and kill on our roads, you could face a life sentence.”
The consultation has been welcomed by road safety charity Brake, which has frequently called for tougher sentencing for those convicted of dangerous driving.
“This is a vindication of our efforts, and those of victims’ families, calling for change through our Roads to Justice campaign,” explained Gary Rae, campaigns director for Brake.” For too long, the justice system has treated them as second class citizens.”
"We do remain concerned that the charge of ‘careless’ driving could remain,” he added. “Some of the strongest feedback we have received from the families we work with is that there is nothing careless about taking someone else’s life. We also want clarification on whether the current automatic 50% discount, where convicted drivers serve only half their term in jail, will still apply for these new, proposed sentences.”
If you have been charged with dangerous driving, or any other road traffic offence, and require expert legal advice, then contact our specialist criminal defence lawyers today.