Go Straight To Jail - Do Not Pass Go! Life Sentences Proposed For Dangerous Drivers

So said Justice Minister Sam Gyimah as part of a consultation which would put penalties for the some of the most serious road traffic offences on the same level as manslaughter.

The new plans come as ministers seek to deter dangerous, criminal behaviour on the roads and make sure killer drivers face the toughest penalties. In addition, a new offence is being proposed for careless driving resulting in serious injury, which would also carry a custodial sentence. We analyse the ramifications of these proposals as sentencing for road traffic offences looks set to follow a much tougher path.

The proposals

The consultation seeks views on introducing:

life sentences (up from 14 years) for causing death by dangerous driving; life sentences (up from 14 years) for careless drivers who kill whilst under the influence of drink or drugs; and a new offence of causing serious injury by careless driving, with a maximum sentence of 3 years. The proposals do not cover all driving offences, including the basic offences of dangerous or careless driving, but follow a concerted effort by the government to crack down on what is perceived by some to be an "epidemic" of unacceptable driving behaviour.

In 2015, the government increased the maximum custodial sentence for causing death whilst driving when disqualified from 2 to 10 years. A new offence of causing serious injury when driving whilst disqualified was also created, with a maximum penalty of 4 years imprisonment. Similarly, in 2017 driving whilst using a mobile phone will see punishment double from three penalty points to six.

Tougher message, tougher penalties

Under this latest consultation, it is proposed that those found guilty of causing death by dangerous driving or careless driving whilst under the influence of drink or drugs could be jailed for life. Whilst road safety campaigners were quick to hail the plans as a "vindication" for victims, in practice are we likely to see increased average jail terms?

In 2015, 122 people were sentenced for causing death by dangerous driving, with a further 21 convicted of causing death by careless driving whilst under the influence. Whilst the current maximum penalty is 14 years (and this was in itself previously increased), not one offender has received this sentence in the past five years- the average custodial sentence is currently less than four years.

It must therefore be questioned whether judges will use these greater powers? Aside from repeat offenders, it...

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