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.
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.
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.
| Offence | Previous maximum sentence | New maximum sentence |
|---|---|---|
| Causing death by dangerous driving | 14 years’ custody, minimum of two years’ disqualification with compulsory extended re-test. | Life imprisonment. Obligatory five years’ disqualification with compulsory extended re-test. |
| Causing death by careless driving when under the influence of drink or drugs | 14 years’ custody, minimum two years’ disqualification with compulsory extended re-test. | Life imprisonment. Minimum five years’ disqualification with compulsory extended re-test (minimum six years’ disqualification if the offender has been convicted of this same offence in the 10 years preceding commission of the present offence). |
| Causing death by careless or inconsiderate driving |
Five years’ custody. |
Five years’ custody. Minimum 12 months’ disqualification (minimum two years’ disqualification if the offender has been disqualified two or more times for a period of at least 56 days in the three years preceding the commission of the offence). |
| Causing death by driving whilst unlicensed, disqualified or uninsured (the disqualified element has been removed from this offence) | Two years’ custody. | Two years’ custody. Minimum 12 months’ disqualification (minimum two years’ disqualification if the offender has been disqualified two or more times for a period of at least 56 days in the three years preceding the commission of the offence). |
| Dangerous driving | Two years’ custody, must endorse and disqualify for at least 12 months, must order extended re-test. Must disqualify for at least two years if the offender has had two or more disqualifications for periods of 56 days or more in preceding three years. | Two years’ custody, unlimited fine and obligatory disqualification (minimum one year with compulsory extended re-test, with a minimum two years’ disqualification if the offender has been disqualified two or more times for a period of at least 56 days in the three years preceding the commission of the offence). |
| Offence | New maximum sentence |
|---|---|
| Causing serious injury by dangerous driving | Five years’ custody. Minimum two years’ disqualification with compulsory extended re-test. |
| Causing serious injury by driving whilst disqualified | Four years’ custody. Minimum two years’ disqualification with compulsory extended re-test. |
| Causing serious injury by careless driving | Two years’ custody. Minimum 12 months’ disqualification (minimum two years’ disqualification if the offender has been disqualified two or more times for a period of at least 56 days in the three years preceding the commission of the offence). |
| Causing injury by wanton or furious driving | Two years’ custody. |
| Driving or attempting to drive with a specified drug above the specified limit |
Unlimited fine and/or six months’ custody. Minimum 12 months’ disqualification. (Minimum three years’ disqualification if the offender has been convicted of any of other certain driving offences in the 10 years preceding commission of the current offence.) Otherwise, minimum two years’ disqualification if the offender has been disqualified two or more times for a period of at least 56 days in the three years preceding the commission of the offence. |
|
Being in charge of a motor vehicle with a specified drug above the specified limit |
Level four fine and/or three months’ custody. |
| Causing death by driving whilst disqualified (since the 1 July 2023 it has become its own separate offence) | 10 years’ custody. Minimum two years’ disqualification with compulsory extended re-test. |
The new guidelines are effective for any sentencing hearings as of 1 July 2023.
What are the implications of the new sentencing guidelines for driving offences for fleet operators?
The first thing fleet operators need to do is become familiar with the new sentencing guidelines, understanding that if drivers are involved in a serious collision, they risk significantly longer custodial sentences if they plead guilty or are convicted.
These sentences will have an impact on both the driver and on the reputation of you as an operator. The developments might also mean you need to look again at how you might look after the mental wellbeing of colleagues of convicted drivers facing more serious sentences than they would previously.
It’s also worth remembering the new sentences do not only affect professional drivers within your company, but impact all drivers in England and Wales, therefore it’s not only those you employ as drivers who are at risk of encountering these new sentencing guidelines.
There are a number of steps in different areas you can take to better protect your people and the business in light of the new sentencing guidelines.
For smarter ways to better manage the risks facing commercial fleet operators, get in touch.
