Tougher sentences demanded for death drivers

Judges are being urged to impose tougher sentences on people convicted of causing death by dangerous or careless driving under guidelines issued today for England and Wales.

Motorists who read or write text messages on a mobile phone could face jail sentences of up to seven years if they cause a death, according to new guidance from the Sentencing Guidelines Council.

The most serious cases where drink, drugs, or persistent bad driving are factors could be liable for jail terms up to the maximum of 14 years, the Sentencing Guidelines Council said.

A Ministry of Justice spokesman said: "Ensuring drivers who cause death on our roads through bad driving are suitably punished is essential if justice is to be done and people maintain their support for the criminal justice system.

"That's why the Government welcomes the firm guidelines published by the independent Sentencing Guidelines Council today."

The Ministry of Justice spokesman added: "Justice ministers want to see two new offences of causing death by careless driving and causing death by driving while unlicensed, disqualified or uninsured, introduced at the earliest opportunity and will make an announcement later today."

The Sentencing Guidelines Council (SGC) said the guidelines meant that judges and magistrates are given a "clear message" that driving offences that result in death are serious offences and should receive appropriate sentences.

It said lengthy custodial sentences are recommended for cases involving "prolonged, persistent and deliberate" bad driving or where drivers are drunk or under the influence of drugs.

The use of mobile phones is also treated "robustly" the SGC said, with advice that if an offender is distracted by a hand-held mobile phone when the offence is committed it will be treated as "particularly" serious.

The guidelines state that reading or composing text messages over a period of time whilst at the wheel will be likely to result in an offence being in the "higher level of seriousness" and offenders should serve up to seven years in prison.

Advice on driving bans is also given with magistrates and judges reminded that disqualifications are effective from the day that they are imposed and will only be of practical effect if they extend beyond the period that will be served in prison.

The guideline covers four offences, the SGC said - causing death by dangerous driving, causing death by careless driving under the influence of alcohol or drugs, causing death by careless driving and causing death by driving while unlicensed, disqualified or uninsured.

The latter two offences were introduced by the Road Safety Act 2006 and will come into force on a date to be announced, the SGC said.

For the first three offences, judges and magistrates are being advised they will need to assess how bad the driving was and the degree of danger that it created in deciding the level of seriousness.

Other issues, largely related to the offender's behaviour, are treated as "aggravating" factors.

The SGC said it recommended that "prolonged, persistent and deliberate bad driving" and consumption of "substantial" amounts of drugs or alcohol should put offenders into the most serious category of causing death by dangerous driving and be given jail terms of at least seven years.

A combination of these features of dangerous driving - particularly if accompanied by aggravating factors, failing to stop or a very bad driving record - should attract sentences towards the maximum of 14 years.

The SGC said it recommended that where death followed careless driving, a custodial sentence of up to three years is likely, with higher sentences where there is a combination of aggravating factors.

But where the driving involved "momentary inattention" and there were no aggravating factors, an offender should be given a community sentence, which could include a curfew requirement.

Where death results from an offence involving driving unlicensed, disqualified or uninsured, the maximum sentence possible is two years.

Chairman of the SGC, Lord Phillips of Worth Matravers, 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.

"This guideline is designed to support sentencers in making the very difficult decisions that face them in these cases."

Fellow SGC member, chief constable Peter Neyroud, said: "This guideline complements a whole raft of changes in the way death on the road is dealt with - from police investigation to prosecution and finally to sentencing.

"The new offence of causing death by careless driving recognises the enormous level of harm caused by the offence.

"This has been welcomed by those representing the families and friends of victims.

"The impact of the guideline we have drawn up is that there will be more custodial sentences and community sentences where in the past offenders would almost certainly have received a fine for the same driving behaviour."