The Sentencing Guidelines Council (SGC) has published new guidelines for courts sentencing drivers convicted of offences where death is involved. This is likely to result in harsher sentences being imposed. Of particular concern for the average motorist are guidelines applicable for the new offence of causing death by careless driving.

The new guidelines mark a trend that began about ten years ago. Until then magistrates passing sentence for an offence of careless driving involving death were advised not to allow the fact that a death had occurred to become an aggravating feature in the sentence passed.

Similarly, it was generally accepted that the unintended consequences of an accident would generally have little relevance to the penalty imposed where the offence to be dealt with was one of careless driving. Magistrates, when deciding sentence in such cases were encouraged to focus on the degree of carelessness and to bear in mind that a moments inattention could have tragic but completely unintended results.

This approach was changed by two cases R –v- Simmonds in 1999 and R –v- King in 2001, where the Court of Appeal decided that the idea that a sentencing court was obliged to disregard the fact that a death had occurred was somewhat anomalous

Since then, whilst the emphasis has been on assessing the culpability of the driver, the courts have taken into account the consequences of such culpability in so far as they indicate the degree of risk created by the careless driving.

Growing public concern over serious injury and deaths on the roads and the controversy over the use of handheld mobile phones by drivers resulted in February 2004 in the maximum sentence for causing death by dangerous driving being increased from ten years to fourteen years imprisonment and at the same time the offence of using a handheld mobile phone whilst driving became endorsable with a maximum fine of £1,000.

As a result of the increased penalties drivers convicted of causing death by dangerous driving can now expect an immediate sentence of imprisonment of two years where there are no aggravating features and a sentence of up to ten years imprisonment for more serious offences.

For the new offence of causing death by careless driving with no aggravating features the starting point would be a community order, increasing to a starting point of 15 months imprisonment where the standard of driving fell just below dangerous driving.

The Crown Prosecution Service (CPS) have a published policy on cases of bad driving. In deciding whether the driving falls into the category of dangerous or careless they will take into account factors such as:

• Speed, which is inappropriate for the prevailing road conditions.

• Unsafe overtaking

• Use of a handheld mobile phone

• Reading a map

• Talking to/looking at a passenger

• Selecting and lighting a cigarette

It is not therefore, difficult to envisage a combination of circumstances where a driver with a previous good record becomes involved in a fatal accident and suddenly faces an allegation of causing death by careless driving or the more serious charge of causing death by dangerous driving which, on conviction, would result in an inevitable immediate prison sentence.

Motorists should, therefore, constantly remind themselves of the important responsibility they assume when they drive and if they do find themselves involved in an accident, particularly where death or serious injury has occurred ensure that they receive legal advice and representation at the very outset.

For further information contact Aidan Carr.