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Drivers who kill face life in jail under stricter road laws

Nigel Morris Home Affairs Correspondent
Thursday 31 July 2003 00:00 BST

Drivers who kill could be jailed for life under a shake-up of motoring legislation planned by David Blunkett.

The Home Secretary is considering ways of making it easier to secure a manslaughter conviction for the most reckless drivers. Mr Blunkett has already announced plans to raise the maximum penalty from 10 to 14 years for causing death by dangerous driving.

But, following controversies over sentences given to killer motorists, the Government could go further. A Home Office review of serious motoring offences will consider whether the guidance on manslaughter laws needs to be amended to cover the most dangerously negligent drivers.

Although motorists can be prosecuted for manslaughter, few are because of the difficulty of securing a conviction. A Home Office spokeswoman said: "Because it carries such a high penalty, the level of evidence needed is very high. So courts will often choose to convict for death by dangerous driving, which has a lower maximum penalty.

"The review will look at whether any changes [to manslaughter laws] are needed so there is an alternative."

She stressed that a tougher law would only apply to the "very, very worst" cases.

The Home Office said the review of the legislation would take regard of Mr Blunkett's pledge in May to tighten laws on corporate manslaughter.

A charity for crash victims, RoadPeace, has demanded manslaughter charges for many motorists culpable of killing by driving under the influence of alcohol or drugs or at excessive speed.

Zoe Stow, its chairman, said last night: "There are a lot of people who are getting off lightly for killing other people."

She said the law should focus on responsibility for causing death, rather than the standard of driving. She argued that juries would be prepared to convict negligent drivers for manslaughter given the outrage over lenient sentences.

Gary Clarke, of Quinton, Birmingham, was jailed this year for five years after his car hit and killed a three-year-old hours after he took heroin. Clarke, 40, had 93 previous convictions, including 19 for driving while disqualified and nine for drink-driving. Wolverhampton Crown Corut heard that he tried to avoid being caught by shaving off his beard and throwing his clothes away after the accident.

Magistrates in Manchester sparked anger when they fined a woman who had never passed her driving test £1,500 after she killed a girl. Susan Young, 35, was driving without a licence or insurance when she drove into Sarah Knott, 14.

Mr Blunkett told the Police Federation Conference in May that he was determined to crack down on reckless drivers.

As well as toughening the penalties for death by dangerous driving, maximum terms for causing death while driving on drink or drugs will also rise from 10 to 14 years. Terms for causing death by aggravated vehicle taking, or joyriding, will go up from five to 14 years.

The review, which is set to report in four months, will be led by John Halliday, a former Home Office mandarin.

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