Sentencing Advisors to Probe Public Views on Punishments for Causing Death by Dangerous Driving
25 Jan 2007
Results of the public opinion survey, to be carried out by the Institute of Criminal Policy Research at King's College, London, will be considered carefully alongside the written responses and used to inform the Panel's advice to the Sentencing Guidelines Council.
The Panel submitted earlier advice on sentencing for the offence of causing death by dangerous driving to the Court of Appeal in 2003 and this has since been used to guide sentencing for that offence and also for the offence of causing death by careless driving when under the influence of drink or drugs.
However, the maximum sentence for both offences has now been increased from 10 to 14 years' imprisonment and these guidelines need revision.
In addition, the Road Safety Act 2006 creates two completely new offences - causing death by careless or inconsiderate driving (maximum penalty 5 years' imprisonment) and causing death by driving: unlicensed, disqualified or uninsured driver (maximum penalty 2 years' imprisonment).
The consultation is designed to produce guidelines that will be available to assist sentencers when the offences come into force. The new offences are scheduled for implementation in 2007.
Panel Chairman Professor Martin Wasik said: "These are among the most difficult sentencing decisions which judges have to make. Public perceptions about appropriate punishments for driving offences are often said to be at odds with sentences handed down by courts.
For this reason the Panel wanted to explore in some detail attitudes about these offences. In particular, we are keen to test public opinion on the difficult balancing exercise that needs to be carried out when sentencing an offender who had no intention to cause harm but whose actions have resulted in death."
Following the consultation, which closes on 19 April 2007, the Panel will submit its advice to the Sentencing Guidelines Council.