Tougher Sentencing At Last

[dewie]

The Sentencing Guidelines Council has today published a definitive guideline dealing with driving offences where death is caused. It deals also with the new offences, yet to be brought in to force, provided for by the Road Safety Act 2006.

Judges and magistrates are given a clear message that driving offences that result in death are serious offences and should receive appropriate sentences in a definitive guideline published today.

Lengthy custodial sentences are recommended by the Sentencing Guidelines Council for cases involving prolonged, persistent and deliberate bad driving or where drivers are intoxicated or under the influence of drugs.

The use of mobile phones is also treated robustly with the Council advising that if an offender was distracted by a hand-held mobile phone when the offence was committed the offence 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.

Clear advice on driving bans is also given. Magistrates and judges are 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 definitive guideline covers four offences: 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: unlicensed, disqualified or uninsured drivers. The latter two offences were introduced by the Road Safety Act 2006 and will come into force on a date to be announced.

For the first three offences, judges and magistrates are 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 Sentencing Guidelines Council recommends 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.

In dealing with cases of causing death by careless driving under the influence of alcohol or drugs the guideline provides for longer sentences as the degree of intoxication increases, so that sentence levels equate to those for causing death by dangerous driving.

The Council recommends that where death follows careless driving, a custodial sentence of up to 3 years is likely, with higher sentences where there is a combination of aggravating factors. However, 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. The level of seriousness will be based on why the offender should not have been on the road, with driving while disqualified being the most serious when the starting point is set at 12 months imprisonment.

In all cases fines are not likely to be appropriate and where non-custodial sentences are considered appropriate, a community order should be used.

Chairman of the Council 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 Council member Chief Constable Peter Neyroud added: “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.”

The guidelines apply to anyone sentenced on or after 4th August 2008.

[Honey]

A move in the right direction at long last.

[chipper]

Yep..we just need all the other offenses brought into line

[Spearmint]

Thats all well and good but we do have and have had some absolute planks for Judges. I hope they listen and actually enforce the above.

[dewie]

The next step will be increasing sentences for lower motoring offences such as Drink Driving and Driving Whilst Disqualified/Without Insurance.

[Andy W]

sorry but i'd rather see them looking at locking up people for longer who carry knives & guns. Also tougher sentences on youngsters causing mindless damage to property

soon it'll be safer to drive home from the pub drunk than it will be to walk and risk being stabbed

[turbob12]

Originally Posted by Andy W

sorry but i'd rather see them looking at locking up people for longer who carry knives & guns. Also tougher sentences on youngsters causing mindless damage to property

Agreed.

Although it's good to see that the sentencing has been updated for these driving offences they need to look at all sentencing, community service is no deterent.

[Bubble]

It's is certainly about time that the laws became tougher, but will the prisons have room to hold them all I wonder.

[Richf]

Seems you get a lesser sentence for violent crime or intentional murder than you do for having a car crash, bump off your missus and bury her under the patio and you'll do 8 years , hit someone with your car and you'll do more , its a nonsense

Typical knee jerk reaction to media pressure , ill thought out response as usual

[Buster]

There is a lot of generally, un publicised building going on at many of the prisons around the country to increase the capacity within the walls of these existing prisons.
There also seems to be a feeling that it may all kick off somewhere soon due to overcrowding etc, their answer is to appease them even more and give them all the luxurys.
I dont disagree with the increase as outlined by Dewie above, I think the governments timing and presentation is, as usual, piss poor, when the public is more interested in bigger problems at the moment.
You wouldnt want to let this labour shower loose with guns, there would be so many foot injurys the hospitals couldnt cope.

[Moff]

I'm a big fan of bringin back 'chain gang' type punishement. Make them pick up litter, clean off graffitti, sweep leaves in their home towns.

For those charged with Murders with concrete evidence, bring back the death penalty. Lets start reducing the cost of this country.

Next, reduce the amenities they get, remove sky, playstations, pool tables etc etc, many prisioners have a better standard of life than hard working people on our streets.. !!

Rant over

[chipper]

Originally Posted by Moff

I'm a big fan of bringin back 'chain gang' type punishement. Make them pick up litter, clean off graffitti, sweep leaves in their home towns.

For those charged with Murders with concrete evidence, bring back the death penalty. Lets start reducing the cost of this country.

Next, reduce the amenities they get, remove sky, playstations, pool tables etc etc, many prisioners have a better standard of life than hard working people on our streets.. !!

Rant over

I agree Moffy boy.. We need a Sheriff Arpaio to sort out our Prisons. He would get the cost of keeping the scum right down.

CNN - Arizona criminals find jail too in-'tents' - July 27, 1999

[Squeak]

alcatraz

[dewie]

Hundreds more people are killed by car drivers evry year than by knives or guns. Most of them are drunk, stoned, uninsured, banned or dangerous drivers - pr a combination of those factors. No idea why there's such hype about knives at the moment. Knife crime is no more prevalent now than it was 5 years ago - it's just being reported more as it's the latest thing. Just like there were no more dog attacks or paedophile cases when those things were in the news but the media had us all believing at the time they were reporting it heavily that there was a sudden surge in those cases.

Take a life with your car and you should get locked up for just as long in my opinion.

A knife is a useful tool with a perfectly legitimate purpose that happens to be capable of being a lethal weapon. So is a car.
Too many people forget that when they drive home pissed or drive dangerously and indeed too many people forget they were banned for a reason - ie they are not fit to be on public roads.

I'm not suggesting it's the highest priority but I get sick of seeing ignorant young kids stealing cars, killing people and then walking away with a 12 month sentence. They are supposed to serve 6 and then get out after 4 on tag due to overcrowding.

4 months in jail for killing someone just because you did it with a car not a gun. It may not have been deliberate but if you recklessly shoot someone you're still looking at life with a 10-12 year recommendation, if not longer, for manslaughter.

[Richf]

Its up to the judge to sentence so whatever the maximum term is its unlikely to be applied as currently it is rarely used i cant see why increasing the maximum will change that

Plus i would also challenge this statement, i would love to see a source as i cant believe that the majority of people killed on the road are killed by that sector of the motoring public

Most of them are drunk, stoned, uninsured, banned or dangerous drivers - pr a combination of those factors

Mind you having an uncle who was killed by a drunk driver means i have little patience with those that drink and get behind the wheel

I fear more cases like this , 4 years was harsh i felt and 7 years would be harsher

Woman driver who killed teenage cyclist while texting is jailed for four years | Mail Online