Lawyer Welcomes Call to Increase Road Death Sentences

Sentencing for dangerous driving

16/07/2008

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.

Collin Ettinger, road traffic lawyer at Irwin Mitchell in London, also a patron of the charity RoadPeace, commented:

"The new guidance is to be welcomed. Too often the devastation that road crashes cause isn't treated seriously enough. If somebody is reckless enough to cause death by dangerous driving then this needs to be recognised by the Courts. The stiffer sentences are to be welcomed and I really hope that this will result in a reduction in the level of deaths on the road."