David Simpson – 2014 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by David Simpson on 2014-03-10.

To ask the Secretary of State for Justice, if he Department will review the length of sentencing given to those who kill by dangerous driving and speeding.

Jeremy Wright

Severe maximum penalties, of 14 years imprisonment, are available for those who cause death through dangerous driving or under the influence of drink or drugs and statistics show that the overwhelming majority of those convicted for these offences receive lengthy custodial sentences. The maximum penalty for causing death by careless driving is 5 years imprisonment and for causing death by disqualified, unlicensed or uninsured driving is two years imprisonment. We are keeping the law in this area under review. If any changes are needed, we will bring forward proposals.

Guidance to the judiciary is produced independently of Government, by the Sentencing Council. This is in line with the principle that, whilst the Government decides what maximum penalties should be, the courts are responsible for deciding what sentence to impose within those limits.

The sentencing guideline on Causing Death by Driving was published by the Sentencing Guidelines Council in 2008. It covers the offences of causing death by dangerous driving and causing death by careless driving as well as causing death by dangerous driving whilst under the influence of drink or drugs and causing death by driving unlicensed, disqualified or uninsured. Last year, the Justice Secretary wrote to the Sentencing Council (as it now is) to ask them to review the death by driving guideline and they have agreed to include this in their programme of work.