Frances Gibb, Legal Editor
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Motorists who read or write text messages on a mobile phone could face jail sentences of up to seven years if they cause a death, under new guidelines from a sentencing watchdog today.
The new, tougher penalties will be imposed by judges and magistrates in England and Wales under guidelines issued by the Sentencing Guidelines Council (SGC), which is chaired by the Lord Chief Justice.
The most serious cases where drink, drugs, or persistent bad driving are factors could be liable for jail terms up to the maximum of 14 years, the council said.
A Ministry of Justice spokesman said: “Ensuring drivers who cause death on our roads through bad driving are suitably punished is essential if justice is to be done and people maintain their support for the criminal justice system."
He added that ministers were also keen to see the two proposed new offences of Causing Death by Careless Driving and Causing Death by Driving while Unlicensed, Disqualified or Uninsured, come into force "at the earliest opportunity".
The two new offences were introduced by the Road Safety Act 2006 and will come into force on or after August 4. The new sentencing guidelines will be applied from that date.
The SGC said it was sending out a “clear message” that driving offences that result in death are serious offences and should receive appropriate sentences.
It recommends lengthy custodial sentences for cases involving “prolonged, persistent and deliberate” bad driving or where drivers are drunk or under the influence of drugs.
The use of mobile phones is also treated “robustly” the SGC said, with advice that if an offender is distracted by a hand-held mobile phone when the offence is committed, it will be treated as “particularly” serious.
The guidelines state that reading or composing text messages over a period of time while at the wheel will be likely to result in an offence being in the “higher level of seriousness” and offenders should serve up to seven years in prison.
Advice on driving bans is also given, reminding magistrates and judges that disqualifications are effective from the day that they are imposed and so only have a practical impact if they go beyond the period that will be served in prison.
The guidelines cover four offences: causing death by dangerous driving, causing death by careless driving under the influence of alcohol or drugs, causing death by careless driving and causing death by driving while unlicensed, disqualified or uninsured.
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