Long awaited sentencing guidelines have today been published in relation to multiple serious motoring offences that were introduced in 2022. The Sentencing Council has also revised a number of guidelines that were already in place for older offences such as dangerous driving. Although published today, 15 June 2023, the new guidelines, which apply to adult offenders, will come into force on 1 July 2023.
The full list of existing and revised guidelines:
- causing death by dangerous driving,
- causing death by careless driving when under the influence of drink or drugs,
- causing death by careless driving,
- causing death by driving whilst disqualified,
- causing death by driving whilst unlicensed or uninsured, and
- dangerous driving.
The full list of new guidelines are:
- causing serious injury by dangerous driving
- causing serious injury by driving whilst disqualified,
- causing serious injury by careless driving (a new offence created by the Police, Crime, Sentencing and Courts Act 2022),
- causing injury by wanton or furious driving,
- driving or attempting to drive with a specified drug above the specified limit,
- being in charge of a motor vehicle with a specified drug above the specified limit.
Long Awaited Clarity
These new guidelines help to bring clarity for many offences and especially, the new offence of causing serious injury by careless driving (created by the Police, Crime, Sentencing and Courts Act 2022). Many of our clients facing this charge have so far been in “no man’s land” when it comes to understanding the likely approach towards sentencing by the court.
This offence was introduced in June 2022 to plug the gap between the charge of causing serious injury by dangerous driving and the much lesser offence of careless driving. Careless driving can be something as seemingly minor as a breach of the Highway Code but if it results in the serious injury of another, then the new charge will likely be considered by the prosecution. This has opened up a whole new area of serious prosecution for motorists whose driving skill may have fallen below the standard expected of a competent and careful driver but where the consequences resulted in serious injury to another.
Serious injury does not necessarily mean a life-threatening injury has to have been sustained by the victim. Typically, a broken bone will be considered serious injury. The definition of serious injury in the legislation is “physical harm which amounts to grievous bodily harm.”
The guidelines introduced today have distinguished between two categories:
| Category 1 |
|---|
| Particularly grave and/or life-threatening injury caused |
| Injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment |
| Offence results in a permanent, irreversible injury or condition which has a substantial and long term effect on the victim’s ability to carry out normal day to day activities or on their ability to work |
and
| Category 2 |
|---|
| All other cases |
The guidelines also distinguish between differing levels of carelessness as follows:
| A |
|---|
| Standard of driving was just below threshold for dangerous driving and/or includes extreme example of a culpability B factor |
| B |
| Unsafe manoeuvre or positioning |
| Engaging in a brief but avoidable distraction |
| Driving at a speed that is inappropriate for the prevailing road or weather conditions |
| Driving impaired by consumption of alcohol and/or drugs |
| Driving vehicle which is unsafe or where driver’s visibility or controls are obstructed |
| Driving impaired as a result of a known medical condition and/or in disregard of advice relating to the effects of medical condition or medication |
| Driving when deprived of adequate sleep or rest |
| The offender’s culpability falls between the factors as described in culpability A and C |
| C |
| Standard of driving was just over threshold for careless driving |
| Momentary lapse of concentration |
The end result is a range of sentencing outlined below:
Our Expertise
Recognising the need for a specialist approach to more serious offences, the team at JS Miller Solicitors comprises some of the most talented motoring law specialists in the UK. Our input at the earliest stages of a case has led to many instances of no further action, a discontinuance of reduced charge (eg. careless in place of dangerous driving). We have also managed to avoid a prison sentence for many clients involved in fatal collisions. Our latest trip to the Court of Appeal resulted in a much reduced disqualification for our client. You can read more about this appeal case as a great example of our approach to always fight for the best possible outcome for our clients.
