Causing Death by Driving Offences

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Causing Death by Driving Offences - Sentencing Advisory Panel Guidance Issued:

No. 678/08
Ref EX13
Date: 2 September 2008

Causing Death by Driving Offences - Sentencing Advisory Panel Guidance Issued:

Last year the Sentencing Advisory Panel issued a consultation paper on sentencing for a range of death by dangerous driving offences. A detailed response was submitted by the Health, Safety & Environment Department.

Results of an independent public opinion survey investigating public attitudes to sentences in death by driving cases was considered carefully alongside the written responses to the consultation paper and used to inform the Panel's advice to the Sentencing Guidelines Council who in turn issued fresh advice to the Courts on sentencing for causing death by driving offences.

Advice to the Courts was last issued in 2003 to guide sentencing for the offences of causing death by dangerous driving, causing death by careless driving and causing death by careless driving under the influence of drink or drugs. However, the maximum sentence for these offences was increased by the government from 10 to 14 years' imprisonment and the guidelines as such needed revision. In addition, the Road Safety Act 2006 created two completely new offences - causing death by careless or inconsiderate driving (maximum penalty 5 years' imprisonment) and causing death by driving: unlicensed, disqualified or uninsured driver (maximum penalty 2 years' imprisonment)."

In accordance with section 170(9) of the Criminal Justice Act (CJA) 2003, the Sentencing Guidelines Council has now issued their new definitive guidelines (COPY ATTACHED) and by virtue of section 172 of the CJA 2003, every court must have regard to relevant guidelines. This guideline applies to the sentencing of offenders convicted of any of the offences dealt with who are sentenced on or after 4 August 2008. The guidelines apply to the sentencing of offenders aged 18 and older. Separate guidelines setting out general principles relating to the sentencing of youths is planned.

Over recent years the Health, Safety & Environment Department has been actively engaged in a number of Occupational Road Risk/at Work Road Safety activities and initiatives and has actively supported a review prosecution policies and procedures and Sentencing in cases of bad driving, so that victims, witnesses, workers and the public at large can have confidence in prosecutors and courts to deliver justice. We have amongst other things:-
 
Pursued Motion 3 (2003) "Justice for Rebecca" Campaign, calling for appropriate sentencing for cases of aggravated Causing Death by Dangerous Driving and Manslaughter offences.

Submitted a detailed response to the Crown Prosecution Service (CPS) Consultative Document entitled "Prosecuting Bad Driving" (See LTB 337/07).
Submitted a detailed response to the Government's appointed "Sentencing Advisory Panel Consultative Document entitled "Causing Death by Driving" (See LTB 441/07).

Made representations to the Health and Safety Executive (HSE) and Association of Chief Police Officers (APCO) regarding Investigation Protocols and procedures for the engagement of the HSE within a road death investigation.

Given evidence in the Consultation on the review of the "Road Death Investigation Manual" which has been updated. The Association of Chief Police Officers (ACPO) Road Death Investigation Manual (RDIM) provides strategic guidance to the 43 police forces in England, Wales and Northern Ireland on the processes to be followed during an investigation into a road death. This policy is currently being reviewed and it is believed there is scope to enhance the investigative procedures leading to more companies being appropriately held to account for their management failures.  

Supported the Preston & District Workers Memorial Day Committee National E-Petition on the "Prime Minister's 10 Downing Street" Petition site as follows:"We the undersigned petition the Prime Minister to 'Reduce Work-Related Road Risks'." A Petition nationally endorsed by: Amicus, CWU, GMB, RMT, TGWU, UCATT, Usdaw, Unison, URTU, Greater Manchester Hazards Centre,Hazards Campaign,  Families Against Corporate Killers (FACK).



Yours Sincerely
 
 
Dave Joyce
National Health, Safety & Environment Officer