causing death by careless driving
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