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New Sentencing Guidelines For Serious Motoring Offences Published

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.

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Fatality cases

Fatality cases – what happens if I am unlicensed, uninsured or disqualified?

The most commonly known fatality offence would be that of causing death by dangerous driving. However, the law had to recognise culpability in cases whereby people may be culpable for causing death by driving in circumstances when they had no legal basis to be driving.

Causing death by driving – unlicensed or uninsured drivers

The offence falls within section 3ZB of the Road Traffic Act 1988.

The offence is triable either way, meaning it may be dealt with by the Magistrates’ Court or the Crown Court.

The maximum penalty in cases sent to the Crown Court is 2 years imprisonment, with a mandatory disqualification period of 12 months.

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Bank Holiday Opening Times 29th May 2023

JS Miller Solicitors are open over the Bank Holiday including 29th May 2023. If you need to speak with an expert motoring lawyer you can seek help from us immediately, rather than waiting until the following Tuesday 30th May.

Our freephone number 0800 1389 123 will be operative from 10am until 7pm over the bank holiday weekend. All messages will be returned within a maximum of 12 hours and if a message is left during our operative hours, we aim to respond within one hour. Alternatively, you can email us via our Contact Us page or request a call back and one of our expert motoring solicitors will contact you on Tuesday 30th May.

We know that as soon as you have placed your instructions with us you will regain some of your peace of mind and so urge you to call us now to see how we can help you.

We are open for new enquiries this weekend

Austin Anderson-Brettell - Senior Paralegal

Saturday 27th May 2023 – 10am – 7pm

Catherine Baird – Motoring Litigation Specialist

Sunday 28th May 2023 – 10am – 7pm

Bank Holiday Opening Times 8th May 2023

JS Miller Solicitors are open over the Bank Holiday including 8th May 2023. If you need to speak with an expert motoring lawyer you can seek help from us immediately, rather than waiting until the following Tuesday 9th May.

Our freephone number 0800 1389 123 will be operative from 10am until 7pm over the bank holiday weekend. All messages will be returned within a maximum of 12 hours and if a message is left during our operative hours, we aim to respond within one hour. Alternatively, you can email us via our Contact Us page or request a call back and one of our expert motoring solicitors will contact you on Tuesday 9th May.

We know that as soon as you have placed your instructions with us you will regain some of your peace of mind and so urge you to call us now to see how we can help you.

We are open for new enquiries this weekend

Elnaz Ebrahim Nejad – Motoring Litigation Specialist

Sunday 7th May 2023 – 10am – 7pm

Catherine Baird – Motoring Litigation Specialist

Monday 8th May 2023 – 10am – 7pm

re-trials in the crown court

Re-trials in the Crown Court

A re-trial is a trial taking place for following a previous trial to determine innocence or guilt. Re-trials are fairly rare and only occur in limited situations.

A number of steps will be taken during the original trial before reaching this drastic point. It is accepted that a re-trial should be avoided if at all possible. Not least, due to the fact a will take its toll on victims, the innocent defendant and the public purse and is highly undesirable but sometimes necessary:

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Don’t be wanton and furious this Easter, no matter how hard lent has been!

Having tolerated a long winter, and limped through January and February (the worst months of the year), the slog is finally broken up by the first bank holiday since New Year’s Day; Easter weekend!

Those who observed lent may have also cut out alcohol or other “vices” or ways to release stress. So, when Easter finally arrives, it could be tempting to overdo it and end up in a lot of trouble as a result.

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death by dangerous driving and death by careless driving

Differences between death by careless driving and death by dangerous driving

These are two of the most serious motoring offences a person can be charged with. There are some similarities between the offences, for example, both offences are defined within the Road Traffic Act 1988 (RTA 1988), causing death by dangerous driving in section 1 and causing death by careless driving in section 2B; both offences require the defendant’s standard of driving to have caused the death of another; and the prosecution must prove the cases beyond all reasonable doubt. However, there are some significant differences which we will look at below.

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Recent case of Holder [2023] EWCA Crim 5, considered the difference between careless and dangerous driving

The recent case of Holder [2023] EWCA Crim 5, considered the difference between careless and dangerous driving, specifically in the context of the offences of causing death by dangerous driving and causing death by careless driving. Let’s have a look at a quick run-down of the facts of the case:

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Triable either way offences the process at court

Triable either way offences – the process at court

Being prosecuted for a motoring offence can be daunting, but for more serious offences where the penalties may include imprisonment, many clients may feel terrified of the prospect of appearing before the court. This blog specifically addresses the process of attending court in relation to more serious offences referred to as ‘triable either way’ offences.

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Did you know you could be asked to attend a voluntary interview under caution for using someone else’s blue badge

Did you know you could be asked to attend a voluntary interview under caution for using someone else’s blue badge?

Using someone else’s blue badge, without a valid and lawful reason to do so, can amount to a criminal offence. If you are suspected of misusing a blue badge, you could be invited for a voluntary interview under caution. If you are then charged with an offence, this would lead to a prosecution before a Magistrates’ Court or a Crown Court depending on the seriousness of the offence you are charged with. Some of the charges are serious and are classed as offences of dishonesty. It is, therefore, important to ensure you have the best possible representation during your interview. For more information about the type of offences you could be charged with, please visit Blue Badge Offences.

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