New Sentencing Guidelines For Driving Offences: What Commercial Fleet Operators Need To Know

• Published date: 19 December 2023
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Rail, Road & Cycling, Personal Injury
• Law Firm: WTW
• Author: Stewart Osmond

Expert Q&A examines new sentencing guidelines and how commercial fleet operators should review training and internal policies to better protect your people and the business.

WTW previously considered the new driving offence of causing serious injury by careless driving.

The difference in sentences between careless driving and causing serious injury by careless driving is significant. The maximum sentence courts can impose is two years' custody, or, at the lower end of the harm and culpability scale, the offence is punishable by a low-level community order. This means, unlike careless driving, a financial penalty does not appear to be an option. Moreover, the new offence of causing injury by careless driving carries an obligatory disqualification for a minimum of 12 months.

This Q&A with Charlotte Hunt and Rebecca Utton, Transport, Regulatory and Corporate Defence Lawyers at Birketts LLP looks in detail at new sentencing guidelines in relation to driving offences and how your organisation should respond to better protect its people and the business.

What are the Sentencing Council? And what are sentencing guidelines?

The Sentencing Council produces guidelines for the judiciary and criminal justice professionals, with the aim of increasing public understanding and promoting greater consistency in sentencing, whilst maintaining the independence of the judiciary. The council published new sentencing guidelines that significantly increases the sentences that can be imposed for certain driving offences in England and Wales which have been effective from 1 July 2023.

Sentencing guidelines highlight relevant factors courts should take into account when determining an appropriate sentence. Primarily, they look at the level of harm caused and how culpable a person is. The court considers these factors, together with the seriousness of the offence and an individual's personal circumstances, and the guidelines then identify different types of sentences.

What are the new sentencing guidelines for driving offences?

The latest sentencing developments revise a number of guidelines while also creating new ones.

Notably, under the new guidelines, those convicted of causing death by dangerous driving or causing death by careless driving could face a maximum penalty of life imprisonment. This is a significant increase from the previous guidelines that specified 14 years' imprisonment as the maximum penalty.

Revised guidelines include

Offence Previous maximum sentence New

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