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The Sentencing Council has published 12 new and revised sentencing guidelines for various motoring offences. The proposals will now be subject to a three-month consultation before any legislative changes are made.
Motoring defence lawyers
If you have been accused of a motoring offence, please contact us now at Ashmans Solicitors. We have a specialist team of motoring defence lawyers who are ready and willing to help you.
Guidelines under revision
Of the 12 proposed guidelines recently published, six relate to offences which already exist, but which require updating. The guidelines under revision are for the offences of:
- Causing death by dangerous driving
- Causing death by careless driving when under the influence of drink or drugs
- Causing death by careless driving
- Causing death by driving whilst disqualified
- Causing death by driving whilst unlicensed or uninsured
- Dangerous driving
The maximum sentence for causing death by dangerous driving and causing death by careless driving when under the influence of alcohol or drugs recently increased from 14 years to life imprisonment. The guidelines therefore need to be updated to reflect this change.
Guidelines for new offences
Six new motoring offences have also been created since the current guidelines were published in 2008. They are:
- Causing serious injury by dangerous driving
- Causing serious injury by driving whilst disqualified
- Causing serious injury by careless driving
- Causing injury or death by wanton or furious driving while off-road
- Driving or attempting to drive with a specified drug above the specified limit
- Being in charge of a motor vehicle with a specified drug above the specified limit
The offence of causing serious injury by dangerous driving has a proposed sentencing range of up to five years’ imprisonment. The offence of causing serious injury while driving has a proposed sentencing range of up to four years in custody. Those convicted of causing injury or death by wanton or furious driving while off-road could face up to two years in prison.
Will the new revised sentencing guidelines mean more custodial sentences?
If the proposals are passed in their current form, it is likely that more custodial sentences will be handed out to offenders. An analysis of the data suggests that around:
- 260 additional prison places will be needed for causing death by dangerous driving, with the average custodial sentence likely to increase by 1 year and 11 months
- 20 additional prison places will be needed for causing death by careless driving when under the influence of drink or drugs, with the average custodial sentence likely to increase by 1 year and 1 month
- 80 additional prison places will be needed for causing serious injury by dangerous driving, with the average custodial sentence likely to increase by 7 months
The analysis could not quantify the impact of the other new and revised guidelines, either due to a lack of data or low volumes of convictions.
Speak to our motoring defence lawyers
If you need a specialist defence solicitor to help you with a motoring offence, please contact us now at Ashmans Solicitors.
Contact us now for a confidential discussion with our motoring defence lawyers.
Call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week. See our motoring defence fees page to find out more about our fixed fees.
You can also email us on enquiries@ashmanssolicitors.com or complete our Online Enquiry Form and we’ll be in touch soon.