Sports Calendar

For the first three offences, judges and magistrates are being advised that they will need to assess how bad the driving was, and the degree of danger created, when determining sentence. Other features, chiefly to do with the offender’s behaviour, are treated as “aggravating” factors.

The SGC said it recommended that “prolonged, persistent and deliberate bad driving” and consumption of “substantial” amounts of drugs or alcohol should put offenders into the most serious category of causing death by dangerous driving and be given jail terms of at least seven years.

A combination of these features of dangerous driving - particularly if accompanied by aggravating factors, failing to stop or a very bad driving record - should attract sentences towards the maximum of 14 years.

The SGC said it recommended that, where death followed careless driving, a custodial sentence of up to three years was likely, with higher sentences where there is a combination of aggravating factors.

But where the driving involved “momentary inattention” and there were no aggravating factors, an offender should be given a community sentence, which could include a curfew requirement.

If death results from an offence involving driving unlicensed, disqualified or uninsured, the maximum sentence possible is two years.

The chairman of the SGC, Lord Phillips of Worth Matravers, said: “Sentencing in cases where death results from the misuse of a car on the road are among the most difficult for judges and magistrates.

“The harm is the greatest anyone can inflict - the death of a victim - but the level of culpability can range from a flagrant disregard of the safety of other road users to a terrible moment of inattention.

“This guideline is designed to support sentencers in making the very difficult decisions that face them in these cases.”

A another SGC member, Chief Constable Peter Neyroud, said: “The new offence of causing death by careless driving recognises the enormous level of harm caused by the offence.

“This has been welcomed by those representing the families and friends of victims.

“The impact of the guideline we have drawn up is that there will be more custodial sentences and community sentences where in the past offenders would almost certainly have received a fine for the same driving behaviour.”

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