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'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. Courts in England and Wales are being told to jail more people convicted of causing death while driving - and for longer in the most serious cases.
Such cases could involve persistent bad driving, drink or drugs, the advice for courts in England and Wales will say. Under new sentencing guidelines, drivers who cause death while using a hand-held mobile phone could serve up to seven years in prison.
Causing death while reading or writing text messages on a mobile phone should attract a term of up to seven years. Lengthy jail terms are also recommended for cases involving prolonged bad driving and drugs or alcohol.
Where "momentary inattention" is behind a death, drivers should not be jailed, the Sentencing Guidelines Council said. But road safety charity Brake says the charge structure is still "inadequate".
New offences The Sentencing Guidelines Council's new recommendations, which judges and magistrates must follow, cover the offences of causing death by dangerous driving and causing death by careless driving under the influence of alcohol or drugs.
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
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.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. The new offences are being introduced in England, Wales and Scotland but the Sentencing Guidelines Council's recommendations are only for courts in England and Wales.
The new guidelines state:
  • Prolonged, persistent and deliberate bad driving and consumption of substantial amounts of drugs and alcohol should put offenders into the most serious category of causing death by dangerous driving and they should be given jail terms of at least seven years.
  • A combination of these dangerous driving features - particularly if accompanied by aggravating factors such as failing to stop - should attract sentences towards the maximum of 14 years.
  • Sentences handed down to drivers causing death by careless driving under the influence of alcohol or drugs will equate to those for causing death by dangerous driving.
  • Where death follows careless driving, a jail term of up to three years is likely.
  • The maximum sentence for a death involving driving while unlicensed, disqualified or uninsured is two years.
  • 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.
Judges and magistrates have also been reminded that driving bans will be effective only if they extend beyond the length of a prison sentence.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 also said in all cases where prison was not appropriate, community sentences, not fines, should be used.
This is particularly if there are aggravating circumstances such as failing to stop or a very bad driving record. Serious injuries
Sentencing in cases where death results from the misuse of a car on the road are among the most difficult Lord PhillipsSentencing Guidelines Council class="" href="http://newsforums.bbc.co.uk/nol/thread.jspa?forumID=5107&edition=1">Send us your comments Mary Williams, chief executive of Brake, told the BBC that the charity was "delighted" more people would be going to prison for the new charge of death by careless driving.
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. But she said the charge structure was still "inadequate".
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. FROM THE TODAY PROGRAMME class="" href="http://news.bbc.co.uk/today/hi/default.stm">More from Today programme class="" href="http://newsforums.bbc.co.uk/nol/thread.jspa?forumID=5107&edition=1">Send us your comments
The maximum sentence for a death involving driving while unlicensed, disqualified or uninsured is two years. "We have got this difference between careless driving and dangerous driving which is a very, very tiny difference and yet the guidelines are saying that somebody convicted of death by careless driving would be jailed for up to three years, compared to the maximum sentence for death by dangerous driving of 14 years.
The council said in all cases where prison was not appropriate, community sentences, not fines, should be used. "The penalty for the new charge of killing while unlicensed or disqualified is only two years, compared to a mandatory minimum of five years for possessing an illegal firearm."
Level of culpability She added: "There is no charge for seriously injuring somebody by driving dangerously or carelessly."
The council launched a consultation in January in recognition of the public concern surrounding "difficult sentencing decisions" in such cases. Chief Constable Peter Neyroud, who is on the Sentencing Guidelines Council, told BBC Radio 4's Today programme that any driver who caused a death due to prolonged use of a mobile phone would be charged with the most serious offence.
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. He added that anyone who was "momentarily distracted" by a mobile phone would now be "exposed to the probability of a prison sentence if death results".
'Immense impact'
He said the guidelines would result in more motorists going to prison.
"The numbers will be relatively small because the number of people causing death by dangerous driving is still relatively small but their impact is immense on the families involved," he said.
The Sentencing Guidelines Council launched a consultation in January in recognition of the public concern surrounding the punishment given to drivers who have caused death on the roads.
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" were "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.