A new set of sentences for motoring offences has been put out for public consultation.

The three month consultation is focused on offenders convicted of motoring offences in England and Wales.

Updating sentencing

The proposals include updated versions of six current guidelines – published in 2008. These reflect new maximum sentences for some of the offences, including causing death by dangerous driving and causing death by careless driving when under the influence of alcohol or drugs.

Sentencing increases from 14 years to life imprisonment under the Police, Crime, Sentencing and Courts Act 2022. The proposed guidelines reflect this change and include revised sentencing ranges of up to 18 years in custody.

Guiding the courts

New offences are also  included in the guidelines.  They include causing serious injury by dangerous driving, which has a proposed sentence range of up to five years’ custody. Also, causing serious injury by driving while disqualified, with a proposed sentence range of up to four years’ custody.

Bringing consistency to sentencing for offenders convicted of causing injury by wanton or furious driving is also included. This is where a motorist causes injury or death off-road such as in a field or dirt track. It may also include a cyclist causing death or injury at any location, with a proposed sentence range of up to two years’ custody.

Mrs Justice Juliet May, a Sentencing Council member, says that “it is important that courts have appropriate sentencing guidelines that reflect the current laws”.

Sentencing can be difficult, especially where a minor offence leads to “most tragic and long-lasting consequences”.

“It is therefore right that we provide the courts with guidelines that will allow them to take a consistent approach.”

Not a distraction

This is the first time drug drivers will b included in the guidelines. Previously, non-statutory guidance by the Council from 2016 has been used.

Culpability factors proposed for careless driving offences are common across all the careless driving guidelines. They include avoidable distraction, inappropriate speed and driving whilst impaired by drugs or alcohol.

Your thoughts

Give your views on the draft guidelines for adult offenders.  The consultation runs from 7 July to 29 September 2022.

 

1. The full list of guidelines under revision

  • 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.
  1. The full list of new guidelines for consultation

  • causing serious injury by dangerous driving
  • causing serious injury by driving whilst disqualified,
  • causing serious injury by careless driving (a new offence created by the Police, Crime, Sentencing and Courts Act 2022),
  • causing injury by wanton or furious driving,
  • driving or attempting to drive with a specified drug above the specified limit,
  • being in charge of a motor vehicle with a specified drug above the specified limit.