There’s been a number of changes to sentencing guidelines for those convicted of motoring offences in England and Wales, and today we’re going to give you an overview of some other proposed changes. For the time being, the changes are under a 3 month consultation, so there’s a chance these could be tweaked again in the coming months.
The sentencing council are looking to put more deterrents in place to rapidly drop the number of deaths and serious injuries caused by dangerous driving, so let’s take a look at what some of those changes are and what they mean for drivers across the country.
Changes to existing guidelines
In total, there are twelve changes coming into play. Six of those changes are updates to existing guidelines, and they include amendments made to maximum sentences given for causing death by dangerous driving as well as causing death by careless driving when under the influence of alcohol or drugs.
To give you an idea of specific changes, let’s take the two offences mentioned above as an example. Previously, the maximum sentence for these two offences were 14 years. They’ve now been increased to a maximum of life imprisonment through the Police, Crime, Sentencing and Courts Act 2022. On top of that, the revised sentencing means if convicted of these offences, you could also spend up to 18 years in custody.
New motoring offence guidelines
The sentencing council is also introducing new guidelines to go alongside the existing ones. Causing serious injury by dangerous driving is one such guideline, and if convicted is now punishable by up to 5 years in custody.
On a similar note, causing serious injury by driving whilst disqualified has seen a change in sentencing, with the current consultation stating offenders could spend up to four years in custody. As we mentioned before, these are a consultation so they could be changed again in the future – it largely boils down to the overall feel the authorities have after getting feedback from various entities within the legal world.
Another new guideline being put in place (at least for the time being) is causing injury by wanton or furious driving. This means that if a motorist causes injury or death off-road – like in a field, dirt track or other private land – the new sentencing guidelines include up to 2 years in custody. This category also covers cyclists’ causing death or injury at any location, with that offence also being punishable by up to 2 years in custody.
The aim of the new guidelines
In one word: consistency. Far too often in the past there’s been too many ‘grey areas’ when it comes to punishment and sentencing for motoring offences. The idea behind the new guidelines is to give prosecutors, and the legal system in general, a set of guidelines that allows the courts to remain consistent with their sentencing.
It’s the first time we’ve seen a consistent set of rules that will dictate sentencing, and that’s one of the main reasons the changes are being looked at so closely. Whether it’s being under the influence of drugs or alcohol, briefly checking your phone or other devices, or not driving responsibly given the weather conditions, we now have a set structure to work with. This keeps things constant, and it means that sentencing across the board will be a lot more consistent.
Trusted Resources for Further Information:
Here are some resources related to the proposed changes in sentencing guidelines for motoring offences in England and Wales
1. Sentencing Council – The official website of the Sentencing Council provides information on sentencing guidelines for various offences, including motoring offences. While the specific proposed changes mentioned in the post might not be covered in detail, the website offers valuable insights into the overall sentencing framework: sentencingcouncil.org.uk
2. Police, Crime, Sentencing and Courts Act 2022 – This legislation, mentioned in the post, introduces changes to sentencing guidelines for motoring offences. You can read the act to understand the broader context and the amendments made: legislation.gov.uk/ukpga/2022/19/contents
3. UK Government Consultations – Keep an eye on the UK government’s consultation website for updates on the proposed changes in sentencing guidelines. This platform provides information about ongoing consultations and allows you to participate and provide feedback on various issues: gov.uk/government/consultations
4. Legal Advice and Support – If you have specific questions about motoring offences, the proposed changes, or any other legal matters, it is advisable to consult with a legal professional or seek advice from organizations that specialize in legal support and advice, such as Citizens Advice: citizensadvice.org.uk
Please note that the proposed changes mentioned in the post are subject to consultation and potential modifications. To stay updated on the latest developments, it is recommended to refer to official sources, legal experts, and relevant news outlets.
Final thoughts
Hopefully, you’ve been able to see what sort of changes are going to be implemented, and have got an understanding of why the sentencing council have decided to test these new rulings. If you’d like more detail about the proposals and what they could mean, the sentencing council have explained everything in detail here.
As always, if you have any questions about the consultation, or anything legal at all, feel free to reach out to us on our website. We’ll see you on the next one!
Regan is an accredited mediator and arbitrator. He is a member of the Chartered Institute of Arbitrators and a panel mediator for ADR ODR International. Regan has experience in mediating commercial, family and local political disputes, and representing his clients in those sessions.
Regan is a former Chair of the Board of Directors at the Birmingham Law Society and a former chair of its Criminal Law Committee. He has been a lecturer for law students at the Open University. He is the only defence solicitor in the UK to be regularly invited to address international military students at the Royal College of Defence Studies.
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