For death by careless driving offences, these can be
tried either in the Magistrates Court or in the Crown Court.
You could receive the following penalties:
- maximum penalty from a summary
trial: £5,000 fine or six months' imprisonment
- maximum penalty from a Crown Court: five years
custody
The Court must impose a 12 month driving ban and order an
extended re-test. In addition to the driving ban the Court
will either impose a community penalty or a custodial sentence.
| Nature of offence |
Starting point for penalty |
| Momentary inattention |
Medium level community order |
| Other careless or inconsiderate driving |
Crown Court and high level community order |
| Careless driving falling not far short of dangerous
driving |
Crown Court |
The responsibility of the defendant in the
offence can help increase or decrease the penalty. Examples
are below.
Higher responsibility
- Previous convictions for related offences
- Committing other offences at the same time
- Irresponsible behaviour (use of mobile phone etc)
Lower responsibility
- Offender seriously injured
- Victim close friend/relative
- Actions of third party contributed to the accident
- Driving in response to an emergency falling short of a
defence
