Updated sentencing guidance proposed to reflect new and tougher penalties for motoring offences

The proposals include updated versions of six current guidelines – published in 2008 – and reflect new maximum sentences for some of the offences, including causing death by dangerous driving and causing death by careless driving when under the influence of alcohol or drugs.

The maximum sentence for these two offences increased from 14 years to life imprisonment under the Police, Crime, Sentencing and Courts Act 2022. The Sentencing Council says the proposed guidelines reflect this change and include revised sentencing ranges of up to 18 years in custody.

“The six guidelines will be updated in line with the current, step-by-step format of sentencing guidelines now used by the courts,” it added. “They are the final set of sentencing guidelines published by the former Sentencing Guidelines Council to be updated by the Sentencing Council.”

Five new guidelines have also been proposed for new offences created since the current guidelines were published. They include causing serious injury by dangerous driving, which has a proposed sentence range of up to five years’ custody, and causing serious injury by driving while disqualified, which has a proposed sentence range of up to four years’ custody.

There is also a new guideline to bring consistency to sentencing offenders convicted of causing injury by “wanton or furious driving” where a motorist causes injury or death off-road, such as in a field or dirt track, or where a cyclist causes death or injury at any location, with a proposed sentence range of up to two years’ custody.

Sentencing Council member Mrs Justice Juliet May said: “Those committing motoring offences can cause death or serious injury to other road users and members of the public, and it is important that courts have appropriate sentencing guidelines that reflect the current laws when dealing with these cases.

“These can be some of the most difficult cases to sentence, where what might seem a fairly minor example of bad driving can have the most tragic and long-lasting consequences. It is therefore right that we provide the courts with guidelines that will allow them to take a consistent approach.”

These are also the first guidelines that specifically set out how drivers who drive or are in charge of a vehicle while over the legal limit for drugs should be sentenced by the courts. The guidelines replace non-statutory guidance that the council published in 2016.

The culpability factors proposed for dangerous driving offences are common across all the dangerous driving guidelines, whether the harm is death or serious injury, said the Sentencing Council. They include racing or competitive driving, speed greatly in excess of speed limit, or consumption of substantial amounts of alcohol or drugs leading to gross impairment.

The culpability factors proposed for careless driving offences are also common across all the careless driving guidelines. They include engaging in a brief but avoidable distraction, driving at a speed that is inappropriate for the prevailing road or weather conditions or driving while impaired by consumption of drugs or alcohol.

The Council is seeking views on the draft guidelines – which apply to adult offenders only – from judges, magistrates and others with an interest in this area. The consultation will run until September 29.