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Motorists who use mobile phones while driving could face up to two years in prison, under guidelines published today.
Using a mobile phone, sat-nav device or an MP3 player while at the wheel will in future be treated as dangerous driving instead of careless driving, with the possibility of up to two years in jail.
Dangerous driving comes with a two-year maximum prison sentence, whereas careless driving is dealt with by a community order or a fine.
The policy outlined by the Crown Prosecution Service could also see motorists in England and Wales who cause death on the roads facing life imprisonment.
The detailed guidance which was first announced this year will make clear that prosecutors should consider manslaughter charges for the very worst cases of death by dangerous driving.
Sir Ken Macdonald, QC, the Director of Public Prosecutions, said in September when announcing the policy change: “We accept that in cases where there is clear evidence that danger has been caused by their [mobile phones] use - such as texting while driving - then our policy should spell out that the starting point for charging will be dangerous driving.”
Current guidelines say that manslaughter is “very rarely appropriate” in road death cases but the change will mean alternative charges could be brought against a motorist.
Someone who has killed on the roads could be charged with manslaughter as well as causing death by dangerous driving, for example, leaving a jury open to return the lower charge if it finds manslaughter has not been proved.
Rob Gifford, the executive director of the Parliamentary Advisory for Transport Safety, told BBC Radio 4’s Today programme: “It’s not every single driver using a mobile phone while driving who faces jail, it’s those few drivers whose behaviour leads them to have a crash when they are using a mobile at the same time.
“What people are being reminded is that driving is a complicated activity and it is better to concentrate on driving than talking.”
Sheila Ranger, the head of campaigns at the RAC, said: “This is for people who are doing the most outrageous acts on their phone. We still see terrible crashes where people have been texting, driving into the back of stationary queues because they haven’t seen them.
“It’s entirely appropriate to have this charge available for the most extreme circumstances.”
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Persecution of the motorist: The politically correct method of enhancing government income. Britain: A good country to be from, a long way from. Fly the coop guys, because it can only get worse.
Andrew Milner, Karuizawa, Japan
Not sure what the police will do now when their radios start up. Oh, sorry, I forgot that our police are now Above the Law.
Here's a good idea: Why not outlaw real Crime, with jail sentences for mugging, rape and murder? Or would that put our Uniformed Social Work Department in too much danger?
Roddy Campbell, Christchurch, New Zealand
Was wondering when they would legislate against satnav! If you take letter of law to extreme they have always been illegal if they can be seen by the driver!As for mobile phone use at the wheel,If handheld you cannot be in complete control of vehicle but handsfree is same as talking to passengers!
Drew, Chester,
More madness from a mad government. Clarkson for Prime Minister the votes over the 30,000 mark. What out Gordon no one voted for you in England.
steve, chester, cheshire
What about jailing people for driving ... - wait: for living?
kdb, Coburg, Saxe-Coburg
There are more police than at any other time yet we never see them. The laws are already in place for these offences but the police are obviopusly too busy counting their speeding camera revenues to bother doing the job we pay them for. They need to get off their backsides and tackle the REAL dangerous driving. And another thing, where are they going to jail these people? There is no more room is there? Now is probably the best time to commit crime, because of the lack of space you will be out in no time!
John, london,
I really have to say that the overall trend of 'politically correct' hand wringing left wing liberal 'government by Quango' has reduced this country to a complete laughing stock.
Not a week goes by without yet another law like this being either proposed or passed by the idiots we have so foolishly placed in control.
Meanwhile the underclass continues proliferate while bleeding the country dry as they break sensible laws (you know, the ones against theft, assault, murder, robbery, drug dealing, fraud and so on) on a regular basis - and gets away with it.
Why? Because even if the judiciary had the backbone and sense to lock them up, and the police could spare time from form filling and counting speed-camera income there is no room in the prisons!
The loonies have indeed taken over the asylum - and are busy passing yet more unenforcable legislation.
Only two sensible options remain I fear - leave, before doing so becomes an offence - or start the revolution...
Chris, St Leonards on sea, UK
Stupid, impertinent and unenforcible...
Epimethean, Reigate,
I am entirely in favour of the law being changed so that stupid and inconsiderate drivers are punished appropriately. However, I see people using mobile phones whilst driving every day and have yet to see one pulled over by the police. Until the police actually start enforcing the law effectively people will go on breaking it.
Valerie Ballard, Rochester, Kent
I am a law abiding citizen, but this is another piece of inane legislation from this inane government which prefers to write laws, rather than follow them.
Does Jeremy plan an expose on this one? It would be interesting to see how many politicians he might catch on a hidden camera stunt.
Watervole, Twickenham,
Mobile phones, ok yes that should be a serious offence. But Sat Navs? Come off it. And even so, how can they prove it was the Sat Navs fault? Just cos some drivers are complete spanners and cant concentrate on two things at once while driving doesnt mean the rest of us cant. If i didnt have a Sat Nav, i'd get lost very easily and probably crash out of confusion.
So let me get this right. In this country you can enter someone elses home and sue them if they hurt you for breaking in. But use a Sat Nav and you get 2 years in Prison?
No wonder more people are moving out of England, i really dont blame them. This country has completely had it now. The Government need a ressession or soemthing to keep them busy instead of coming up with these silly laws out of boredom.
I support the mobile phone one though. But this Government needs to stop, soon they'll ban talking to other people in the car. You just watch.
Martin, Ipswich, UK
I note there is a 'Win a Tom Tom' promotion directly to the right of this news story. Shouldn't it read - Win a 2 year jail term.
Anne, London, England
So let me get this straight, violent crime, breaking and entering, sexual assault... nothing. But use your phone on the motorway 2 years in prison!!!!!!!
Says it all really
Steve, Sunshine Coast, Australia
HGV drivers beware, the law will now at long last catch you, using your mobile, driving too close to the vehicle in front etc etc.
This is a good piece of legislation if implemented. Well done.
Michael Boughton-Fox, Cambridge, England
how about driving with front fog lights on in clear conditions, dazzling other road users because you think it makes you dull car look cool? 2 years in jail for that sounds fair!
Phil, Rugby, UK
"unnecessarily remaining in an overtaking lane "
Most definitely needed and I hope they enforce it. By no means the most dangerous of driving but certainly the most annoying. There are times on the motorway when the whole of the inside lane is empty whilst motorist sit in the middle lane (be it through fear of changing lanes, ignorance or just through simple inconsiderance). Britain's conjested roads would be far less so if more than 2/3 of the road is used!
Mark, London,