new sentencing proposals

Motorists found guilty of causing death by careless driving could be given non-custodial sentences under new sentencing proposals. The Sentencing Guidelines Council (SGC) is expected to recommend community penalties for drivers convicted of the lowest level offences, such as where a driver kills someone after momentarily losing concentration or being distracted by satellite navigation equipment.

The government proposed the new crime of causing death by careless driving after calls from road safety groups. It will carry a maximum five-year sentence, with the recommended minimum penalty expected to be non-custodial. The new offence of death by careless driving was granted Royal Assent in November 2006 as an alternative to causing death by dangerous driving, but has yet to be brought in.

Although offenders face a maximum custodial sentence of five years, in cases where a motorist with an exemplary driving record kills someone after a slight misjudgement or mistake, the SGC will recommend a community sentence.

At present a motorist convicted of death by dangerous driving can be sentenced to 14 years in prison, while the penalty for careless driving has a maximum penalty of a £2,500 fine.

In addition, motorists who kill someone after failing to renew their car insurance could also be given a non-custodial sentence, even though the maximum sentence for the new offence of "causing death when driving while unlicensed, disqualified or uninsured" is two years in prison.

The recommendations on careless driving follow lengthy public consultation, involving the relatives of people who died in motoring accidents.

For more information contact Tim Williamson, a solicitor in Blake Lapthorn's Drivers' Defence team on 01865 253286; email tim.williamson@bllaw.co.uk.