Lawyer Welcomes Call to Increase Road Death Sentences

15/07/2008

The Sentencing Guidelines Council has today confirmed that Judges and magistrates should consider longer custodial sentences for offences of causing death by dangerous driving.

The longer sentences are recommended to be no less than 7 years when the offence involves aggravating factors such as persistent bad driving, the use of drink or drugs. In the worst cases sentences may be as long as 14 years.

The Council has sought to differentiate these offences from those where the degree of culpability is perhaps less, involving only a momentary lapse of attention. Such cases may result in community sentences, which are to be preferred to financial penalties.

The guidance also identifies the use of mobile phones by drivers as a particular hazard. In cases where this is the cause of the road death, sentences of up to 7 years will be considered.

Longer driving bans will also be considered and will run from the conclusion of any custodial sentence.

Stephen Nye, road traffic lawyer at Irwin Mitchell in Birmingham commented;

"This new guidance is welcomed, as it not only provides greater clarity as to how offenders may be dealt with, but takes a step towards recognising the seriousness of these offences and their consequences.

"All too often I have represented clients who have lost a loved one in a road accident or who have suffered permanent disability because of injuries they have sustained. Whilst they may have rights of redress by way of compensation in the civil courts, it is often extremely upsetting for them to learn that the criminal courts have given a sentence of a fine or perhaps only a short driving ban.

"Whilst each case will still be dealt with on its particular facts, those drivers guilty of the more serious offences are likely to face stiffer sentences."