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| Version 2 | Version 3 |
|---|---|
| 'Harsher terms' for death drivers | 'Harsher terms' for death drivers |
| (about 3 hours later) | |
| Motorists involved in the most serious cases of causing death by dangerous driving should be jailed for at least seven years, under tougher guidelines. | Motorists involved in the most serious cases of causing death by dangerous driving should be jailed for at least seven years, under tougher guidelines. |
| Such cases could involve persistent bad driving, drink or drugs, the advice for courts in England and Wales will say. | Such cases could involve persistent bad driving, drink or drugs, the advice for courts in England and Wales will say. |
| Causing death while reading or writing text messages on a mobile phone should attract a term of up to seven years. | Causing death while reading or writing text messages on a mobile phone should attract a term of up to seven years. |
| Where "momentary inattention" is behind a death, drivers should not be jailed, the Sentencing Guidelines Council said. | Where "momentary inattention" is behind a death, drivers should not be jailed, the Sentencing Guidelines Council said. |
| New offences | New offences |
| The definitive guidance covers the offences of causing death by dangerous driving and causing death by careless driving under the influence of alcohol or drugs. | |
| DEATH DRIVING OFFENCES Causing death by dangerous drivingCausing death by careless driving under the influence of alcohol or drugsCausing death by careless driving*Causing death by driving: unlicensed, disqualified or uninsured drivers* * Yet to come into force under Road Safety Act 2006 | DEATH DRIVING OFFENCES Causing death by dangerous drivingCausing death by careless driving under the influence of alcohol or drugsCausing death by careless driving*Causing death by driving: unlicensed, disqualified or uninsured drivers* * Yet to come into force under Road Safety Act 2006 |
| They also apply to causing death by careless driving and causing death by unlicensed, disqualified or uninsured drivers. | They also apply to causing death by careless driving and causing death by unlicensed, disqualified or uninsured drivers. |
| These two offences, introduced by the Road Safety Act 2006, are yet to come into force. | |
| The new offences are being introduced in England, Wales and Scotland but the Sentencing Guidelines Council recommendations are only for courts in England and Wales. | |
| Judges and magistrates have also been reminded that driving bans will be effective only if they extend beyond the length of a prison sentence. | |
| The council said causing death by dangerous driving involving a combination of serious factors should be liable for a sentence approaching the maximum of 14 years. | The council said causing death by dangerous driving involving a combination of serious factors should be liable for a sentence approaching the maximum of 14 years. |
| This is particularly if there are aggravating circumstances such as failing to stop or a very bad driving record. | This is particularly if there are aggravating circumstances such as failing to stop or a very bad driving record. |
| Sentencing in cases where death results from the misuse of a car on the road are among the most difficult Lord PhillipsSentencing Guidelines Council Send us your comments | Sentencing in cases where death results from the misuse of a car on the road are among the most difficult Lord PhillipsSentencing Guidelines Council Send us your comments |
| It said there should be a prison sentence of up to three years for causing death by careless driving, but this could be higher if there is a combination of aggravating factors. | It said there should be a prison sentence of up to three years for causing death by careless driving, but this could be higher if there is a combination of aggravating factors. |
| In cases of death by careless driving caused by "momentary inattention" where there were no aggravating factors, a community sentence, which could include a curfew requirement, would be appropriate. | In cases of death by careless driving caused by "momentary inattention" where there were no aggravating factors, a community sentence, which could include a curfew requirement, would be appropriate. |
| The maximum sentence for a death involving driving while unlicensed, disqualified or uninsured is two years. | The maximum sentence for a death involving driving while unlicensed, disqualified or uninsured is two years. |
| The council said in all cases where prison was not appropriate, community sentences, not fines, should be used. | The council said in all cases where prison was not appropriate, community sentences, not fines, should be used. |
| Level of culpability | Level of culpability |
| The council launched a consultation in January in recognition of the public concern surrounding "difficult sentencing decisions" in such cases. | The council launched a consultation in January in recognition of the public concern surrounding "difficult sentencing decisions" in such cases. |
| The council's chairman, Lord Chief Justice Lord Phillips, said: "Sentencing in cases where death results from the misuse of a car on the road are among the most difficult for judges and magistrates. | The council's chairman, Lord Chief Justice Lord Phillips, said: "Sentencing in cases where death results from the misuse of a car on the road are among the most difficult for judges and magistrates. |
| "The harm is the greatest anyone can inflict - the death of a victim - but the level of culpability can range from a flagrant disregard of the safety of other road users to a terrible moment of inattention. | "The harm is the greatest anyone can inflict - the death of a victim - but the level of culpability can range from a flagrant disregard of the safety of other road users to a terrible moment of inattention. |
| "This guideline is designed to support sentencers in making the very difficult decisions that face them in these cases." | "This guideline is designed to support sentencers in making the very difficult decisions that face them in these cases." |
| Chief Constable Peter Neyroud, who is also on the council, said the guidelines would mean more prison sentences for causing death on the roads. | Chief Constable Peter Neyroud, who is also on the council, said the guidelines would mean more prison sentences for causing death on the roads. |