For death by an uninsured driver or driving offences, this can be tried in the Magistrates Court or in the Crown Court.

You could receive the following penalties:

  • in a Magistrates Court: £5,000 fine and six months
  • in a Crown Court: two years custody

The Court must impose a driving ban and will also impose either a community penalty or a custodial sentence.

Nature of offence Starting point for penalty Range of penalty
Unlicensed with no aggravating factors Medium community penalty Low – high community penalty
Unlicensed and one aggravating factor 26 weeks custody High community penalty – Crown Court 
Disqualified driving Crown Court Crown Court

 

aggravating factors

The list below outlines the factors that can increase your penalties

  • previous convictions for motoring offences
  • irresponsible behaviour – failing to stop/falsely claim someone else driving
  • more than one person killed
  • serious injury to one or more person in addition to person(s) killed.

mitigating factors

The list below outlines the factors that can increase your penalties

  • proven emergency but not enough for defence
  • genuine belief insured/licensed
  • offender seriously injured
  • victim was close friend/relative.
For more information please contact Tim Williamson, a solicitor in Blake Lapthorn solicitors' Motoring Offences team in Oxford on 01865 253286 or tim.williamson@bllaw.co.uk.