To be accused of causing serious injury by dangerous driving is a very serious allegation, therefore do not wait to seek specialist advice. Our criteria for developing or revising guidelines. The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? Previous convictions are likely to be relevant when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. Forfeiture or suspension of liquor licence, 24. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. Remorse can present itself in many different ways. Lack of attention to driving for a substantial period of time. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must - (a) treat the fact that it was committed in those circumstances as an aggravating factor and (b) state in open court that the offence is so aggravated. Approach to the assessment of fines - introduction, 6. Specialist legal advice and representation for drivers in such cases is important to ensure that they receive sound advice after careful consideration of the evidence, so as to avoid potential defences being overlooked. This will avoid the disqualification expiring, or being significantly diminished, during the period the offender is in custody. disregarding any period being spent in custody see below) the court must have regard to the purposes of sentencing in section 57 of the Sentencing Code, which include: the punishment of offenders, the reduction of crime, the reform and rehabilitation of offenders and the protection of the public, when deciding the length of any disqualification. Offence of causing serious injury by dangerous driving, This section has no associated Explanatory Notes. i) The guidance regarding pre-sentence reports applies if suspending custody. From 28 June 2022, a new category of careless driving offence is in force: causing serious injury by careless or by inconsiderate driving. causing death or serious injury by dangerous driving; causing death or serious injury by careless driving whilst under the influence of alcohol or drugs; and causing death or serious injury by careless driving and failing to provide a specimen of breath or urine; o the same maximum sentence should apply when death or serious injury is caused; Existing law also includes an offence of 'Causing Serious Injury by Dangerous Driving' for drivers who cause serious injury to another whilst driving in a manner that falls far below the requisite standard (dangerously), for which the maximum sentence is 5 years imprisonment. Offence committed for commercial purposes, 11. Step 1 does the court intend to impose a custodial term for the offence for which they are imposing a disqualification? It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. 1. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Therefore, we are likely to see a high number of prosecutions for this new offence in place of 'Careless Driving', particularly where the injured party is classed as a 'vulnerable road user' such as a pedestrian, horse rider, cyclist, motorcyclist, or user of an e-scooter. If the offence was committed on or after 28 June 2022, the maximum penalty is imprisonment for life. The way one drives creates an obvious and serious risk of causing physical injury to other road users, his passengers or himself, or causing serious damage to property. Prior to the introduction of this offence, the maximum sentence in these cases was as with a standard dangerous driving charge of 2 years custody. At an earlier court appearance in August, Smith pleaded guilty to one count of causing serious injury by dangerous driving after he failed to stop at a . In terms of the standard of driving, in order to prove the new offence, the prosecution still only need prove that the driver's standard of driving fell below the requisite standard, which is often as little as a momentary lapse in concentration. This offence carries a maximum of 5 years' imprisonment at the Crown Court and a minimum 2 years' disqualification from driving, An extended retest is mandatory following conviction for this offence. The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. Comments on Stewart (Kyle) v HM Advocate (HCJ Appeal) on whether a two-year custodial sentence, imposed for causing serious injury by dangerous driving contrary to the Road Traffic Act 1988 s.1A, was excessive, taking into account the age of the appellant at the time of the offence. Keep up to date on sentencing guidelines, consultations, our research and news about the Council and our work. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. Offences for which penalty notices are available, 5. the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; Previous convictions are considered at step two in the Councils offence-specific guidelines. Driving a poorly maintained or dangerously loaded vehicle, especially where motivated by commercial concerns Factors indicating greater degree of harm Injury to others Damage to other vehicles or property Factors indicating lower culpability Genuine emergency Speed not excessive Offence due to inexperience rather than irresponsibility of driver Actions of the victim or a third party contributed significantly to collision or injury, Offence due to inexperience rather than irresponsibility (where offender qualified to drive), Efforts made to assist or seek assistance for victim(s), The victim was a close friend or relative. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. Causing serious injury by dangerous driving ' (1) The Road Traffic Act 1988 is amended as follows. The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). In section 2A (meaning of dangerous driving) in subsections (1) and (2) after sections 1 insert , 1A. If the offence was committed before 28 June 2022, then the maximum penalty is 14 years imprisonment. Causing serious injury by dangerous driving. A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. It is an offence to cause serious injury by dangerous driving under S1A of the Road Traffic Act 1988. He crushed the police officer between his own car and a police Landrover. Schedules you have selected contains over A new offence of 'Causing Serious Injury by Careless Driving' comes into force on 28 June. The court should determine culpability by reference only to the factors below, which comprise the principal factual elements of the offence. The court should consider the time gap since the previous conviction and the reason for it. The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months. Note: This field does not allow 'http' or 'https', please omit these if you need to include a website link. Below is a non-exhaustive list of additional elements providing the context of the offence and factors relating to the offender. This legislation comes into force on 28 June 2022. This is the original version (as it was originally enacted). Defences to this serious charge can range from factual defences concerning the nature of the driving and/or the severity of injury caused. The meaning of dangerous driving is set out in the Road Traffic Act 1988, s.2A. 3) What is the shortest term commensurate with the seriousness of the offence? A defendant who is found not guilty of causing serious injury by dangerous driving may alternatively be found guilty of: The maximum sentence for this offence is 5 years immediate custody. The minimum disqualification period for this offence is two years. In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) in the appropriate place insert. If a PSR has been prepared it may provide valuable assistance in this regard. (Young adult care leavers are entitled to time limited support. There will always be a need to balance issues personal to an offender against the gravity of the offending (including the harm done to victims), and the public interest in imposing appropriate punishment for serious offending. The government has this week announced that it will create a new criminal offence of Causing Serious Injury by Careless Driving, which would carry the possibility of a custodial sentence. long time to run. When considering a community or custodial sentence for an offender who has, or may have, caring responsibilities the court should ask the Probation Service to address these issues in a PSR. 2 years) 3 to 11 (if exceptionally not disqualified) Causing death by careless driving under the influence of drink or drugs. Privacy and Cookies. It shows a failure of reasoning and an inability to move on. Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. The offence carries a maximum prison sentence of fourteen years and a minimum period of two years disqualification. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. A combination of factors in any category may justify upwards adjustment from the starting point before consideration of aggravating/mitigating factors. All rights reserved. You will usually be asked to attend a police interview before a charging decision is made, and it is vital . In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. Here is the UK law on driving offences as it stands: Causing death by dangerous driving = Maximum 14 years imprisonment + mandatory 2 year Disqualification. A simple assertion of the fact may be insufficient, and the offenders demeanour in court could be misleading, due to nervousness, a lack of understanding of the system, a belief that they have been or will be discriminated against, peer pressure to behave in a certain way because of others present, a lack of maturity etc. The Whole This case was one of Causing Serious Injury by Dangerous Driving. long time to run. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Read more info on this here. When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and lack of maturity when considering the significance of such conduct. We can influence the charging decision and ensure that vital evidence is not missed or lost. Fax: 0161 274 5599. ii) If the court imposes a term of imprisonment of between 14 days and 2 years (subject to magistrates courts sentencing powers), it may suspend the sentence for between 6 months and 2 years (the operational period). For you to be convicted of the offence, the prosecution must prove that you caused the serious injury of another person by driving a mechanically propelled vehicle dangerously on a road or other public place. (5)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) in the appropriate place insert. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. The offence is committed under s.1A of the Road Traffic Act 1988. A serious injury is an injury that causes severe harm. Have you been accused of causing serious injury by dangerous driving? Background The government committed to changing the law on causing. This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. the period which would have been imposed but for the need to extend for time spent in custody) to take account of time spent on remand. Registered Office: Riverside House Kings Reach Business Park, Yew Street, Stockport, United Kingdom, SK4 2HD. (4)Section 1A inserted by subsection (2) has effect only in relation to driving occurring after that subsection comes into force. A driver who drove dangerously and caused serious injury to another person would be guilty of causing serious injury by dangerous driving. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. (2) In this section "serious injury" means Other changes. The new offence of 'Causing Serious Injury by Careless Driving' will be an either way offence, meaning that it can be dealt with in either a Magistrates' Court or a Crown Court. S.1A(2) of the Road Traffic Act defines serious injury as, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861. Until now there has been no offence of 'Causing Serious Injury by Careless Driving'. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*. Michael Stanley, 33, who didn't have a driving licence, admitted causing serious injury by dangerous driving in the incident. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. Our partner web sites: Drink Driving Solicitors, Drug Driving Solicitors, Drink Driving Solicitors London, Association of Motor Offence Lawyers, Physiotherapy Manchester. An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. The Crown would therefore have to prove that serious injuries were suffered by the other individual to secure a prosecution for this offence. (1)A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. Whilst there is no definitive list of what constitutes dangerous driving, recognised examples of dangerous driving can include: document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); The Crown must prove that your driving was dangerous. The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code. General principles to be considered in the sentencing of children and young people are in the Sentencing Council definitive guideline, Overarching Principles Sentencing Children and Young People. Where there are previous offences but these are old and /or are for offending of a different nature, the sentence will normally be reduced to reflect that the new offence is not part of a pattern of offending and there is therefore a lower likelihood of reoffending. The Whole Access essential accompanying documents and information for this legislation item from this tab. It carries a maximum custodial sentence of 5 years and a minimum period of disqualification of 2 years with an order to resit an extended test of competency to drive. Where the investigation has been hindered and/or other(s) have suffered as a result of being wrongly blamed by the offender, this will make the offence more serious. Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. Andrew ThompsonOxford HouseOxford RowLeedsLS1 3BE. James was convicted of Causing Serious Injury by Dangerous Driving and sentenced to 32 months in prison, a brilliant outcome as with good behaviour he could be released on licence after 16 months. (a) 12 months or the statutory maximum or both. The penalty for failing to stop and render assistance after an accident involving death . We must stress that if you are yet to be charged with an offence, involving a lawyer at this early stage can make a significant difference to the way in which the matter progresses*. Please enter your first court date if you have one. the offenders responsibility for the offence and. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. The Police Crime and Sentencing Act 2022 also amends the existing legislation concerning the sentencing of drivers convicted of the offences of 'Causing Death by Dangerous Driving' and 'Causing Death by Careless Driving When Under the Influence of Drink or Drugs' by increasing the maximum available sentences for such offences from 14 years imprisonment to a sentence of life imprisonment. . Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 2) Is it unavoidable that a sentence of imprisonment be imposed? You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Introduction to out of court disposals, 5. Nitesh Bissendary was previously charged with two counts of causing death by dangerous driving, two counts of causing serious injury by dangerous driving, assault occasioning actual bodily harm . The period of disqualification may be reduced or avoided if there are special reasons. The offence can be tried in the Magistrates Court or in the Crown Court. In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. First time offenders usually represent a lower risk of reoffending. Disqualification of company directors, 16. (7)Schedule 27 (causing serious injury by dangerous driving: minor and consequential amendments) has effect. Aggravation related to disability, sexual orientation or transgender identity statutory provisions, 1. In all cases the court should consider whether to make compensation and/or other ancillary orders. Disqualification from ownership of animals, 11. If, on the other hand, the offender had been driving dangerously, there is also the additional offence of causing serious injury by dangerous driving which, if tried on indictment, carries up to 5 years in prison. Reduced period of disqualification for completion of rehabilitation course, 7. the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. be a mitigating or extenuating circumstance; not amount in law to a defence to the charge; be directly connected with the commission of the offence; be one which the court ought properly to take into consideration when imposing sentence. The Whole Act you have selected contains over 200 provisions and might take some time to download. Destruction orders and contingent destruction orders for dogs, 9. Discretionary period + extension period + uplift = total period of disqualification, NO no further uplift required. Salford (Media City) M50 1DR The car stopped at the scene and a man was arrested on suspicion of causing serious injury by dangerous driving; Four pedestrians were taken to hospital but their condition remains unknown; An eyewitness said she saw people with "life-changing injuries" Another eyewitness saw "five police cars and 12 ambulances flying down the road with their . In this article we focus on commercial analysis of the impact of the Retained EU Law (Revocation and Reform) Bill on product liability, safety and standards. Mark Smith of Woodford Road, Burton Latimer, appeared at Northampton Crown Court on Wednesday, October 26, where he was jailed for 18 months, disqualified from driving, and fined 156. It was introduced as a result of road safety campaign groups and victims and their representatives who have called for the gap in sentences between the current 2 year maximum for dangerous driving and the 14 year imprisonment maximum (now life imprisonment since 28th June 2022) for causing . A recent judgment has given the strongest possible indication that low value data breach claims should be dealt with in the County Court and, in all likelihood, under the small claims track. This offence was introduced in response to road safety campaigners calls for tougher sentencing powers to be available for cases where serious injuries are caused as a result of dangerous driving. Custody should not be imposed where a community order could provide sufficient restriction on an offenders liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. There were 576 crime offences causing death of serious injury by dangerous driving in England and Wales in 2021/22, a decrease when compared with the previous year, and a peak for the. Section 59(1) of the Sentencing Code provides that: unless the court is satisfied that it would be contrary to the interests of justice to do so.. In general the more serious the previous offending the longer it will retain relevance. not just psychological harm) which amounts to grievous bodily harm. Held, allowing the appeal, that the sentence of 40 months imposed (before 5% credit was applied) was manifestly excessive. Imposition of fines with custodial sentences, 2. The length of time for police investigations of cases involving serious injury to be concluded and charging decisions to be made will also increase. A drug-driver who caused a serious collision, leaving one person in hospital for a month, has been sentenced to 16 months in prison. This is intended to address careless or inconsiderate driving offences that result in serious injury outcomes. Legal details of the offence Section 87 of the Police, Crime, Sentencing and Courts Act 2022 inserts into the Road Traffic Act 1988 the new offence of Causing serious injury by careless, or inconsiderate, driving under the newly created Section 2C. He knew it was coming and so did I. On conviction, a driver will be liable to a maximum sentence of 2 years imprisonment in the Crown Court and 1 year in the Magistrates' Court. Section 143 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 created an offence of causing serious injury by dangerous driving by. 2. Numerous and frequent previous convictions might indicate an underlying problem (for example, an addiction) that could be addressed more effectively in the community and will not necessarily indicate that a custodial sentence is necessary. Presently there are two driving offences of causing serious injury. See also the Imposition of community and custodial sentences guideline. The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence: Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (the current offence) committed by an offender who has one or more relevant previous convictions. Ok with this, but you can opt-out if you wish this section has associated Penalty for the risk of reoffending age of an order regard should be 3 years imprisonment to.! John Dance explains the elements of the Coroners and Justice Act 2009, the sentence further. If there are also plans to increase the maximum sentence that applies to an offence while subject to a contact! Years immediate custody, 180 people were sentenced to 2-3 years immediate custody is two years the decision! 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