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Dangerous drivers who kill are set to face life in prison

Justice minister says "killer drivers ruin lives" as proposals to scrap limit on sentencing emerge from the Ministry of Justice...

Life in prison is set to replace the 14-year sentencing upper limit for drivers found guilty of causing death by dangerous or by driving while under the influence of alcohol or drugs.

Proposals under consultation at the Ministry of Justice would see drivers who cause death by speeding, street racing, or while using a mobile phone facing the same possible penalty as individuals charged with manslaughter.

Drivers charged with causing death by careless driving while under the influence of alcohol or drugs could be handed sentences up to a life sentence.

It is worth noting that under certain circumstances these charges are already used by courts. This move looks to widen the scope of sentencing to give courts more sentencing tools which the department says will increase the average length of death by dangerous driving sentence from the 2015 average of 45.8 months.

>Read more: Italian laws get tougher on killer drivers

Justice minister Sam Gyimah says that the change in ruling is to ensure that the punishments given to drivers who kill fit the crimes. "Killer drivers ruin lives," Gyimah said. "It's impossible to compensate for the death of a loved one, we are determined to make sure the punishment fits the crime."

The proposals being put forward by the Ministry of Justice also include creating a new offence of causing serious injury by careless driving. That offence would carry a maximum sentence of three years.

This consultation follows public calls earlier this year for law-breaking drivers who kill others on the road - whether they're cyclists, other drivers or pedestrians - to be charged with manslaughter.

>Read more: Public supports tougher criminal driving sentences

Road safety charity Brake commissioned the survey in which nine out of ten respondents called for harsher punishment for drivers.

The department also said that this consultation also delivered on the government's pledge to revise the sentencing powers given to courts with regard to the most serious driving offences.

 

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16 comments

Avatar
ktache | 8 years ago
3 likes

Very few people will ever die in prison if convicted under this rule change.  If anything it may make juries err on the careless driving side, dominated as they are by the driving attitude of "there by the grace of god go I".

I like the west midland definition of dangerous is what you would automatically fail a driving test on.

Lifetime driving ban.  Now you're talking.

Avatar
nbrus | 8 years ago
2 likes

I can't see a change in sentencing acting as a deterent ... how many people are even aware of what the punishment actually is for any given offence, let alone even bother to consider it before committing an offence. At least a longer sentence will keep dangerous drivers off the road for longer, that is unless they were driving illegally to start with as they will likely do the same again when they come out of prison. They need to be electronically tagged and tracked for life.

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StuInNorway | 8 years ago
10 likes

Time to get universal acceptance from Police forces to accept video evidence from dash cams and bikecams. Doesn't need to automatically mean charges for those captured in film. 1st time (assuming not a hit and run or extreme case) phonecall from local officer and logged. 2nd time your number comes up, called into police station to review footage with a traffic officer, fines as required as insurance company database updated to reflect the case. 3rd and subsequent cases, come in and drop off your driving licence for a while.

 

Avatar
ianrobo replied to StuInNorway | 8 years ago
2 likes

StuInNorway wrote:

Time to get universal acceptance from Police forces to accept video evidence from dash cams and bikecams. Doesn't need to automatically mean charges for those captured in film. 1st time (assuming not a hit and run or extreme case) phonecall from local officer and logged. 2nd time your number comes up, called into police station to review footage with a traffic officer, fines as required as insurance company database updated to reflect the case. 3rd and subsequent cases, come in and drop off your driving licence for a while.

 

 

Just the West Midlands example who confirmed it is fine with dash and bike cams etc. No surprise the more resistant police forces are the likes of Lincs and Hampshire is it ?

Avatar
Housecathst replied to ianrobo | 8 years ago
2 likes

ianrobo wrote:

StuInNorway wrote:

Time to get universal acceptance from Police forces to accept video evidence from dash cams and bikecams. Doesn't need to automatically mean charges for those captured in film. 1st time (assuming not a hit and run or extreme case) phonecall from local officer and logged. 2nd time your number comes up, called into police station to review footage with a traffic officer, fines as required as insurance company database updated to reflect the case. 3rd and subsequent cases, come in and drop off your driving licence for a while.

 

 

Just the West Midlands example who confirmed it is fine with dash and bike cams etc. No surprise the more resistant police forces are the likes of Lincs and Hampshire is it ?

arrrh yes, fucking Hampshire, the mobile phone killer capital of the country, but it's ok, Hampshire police are focusing on giving cyclists advice on hi viz so its all fine 

Avatar
kie7077 | 8 years ago
4 likes

When someone is killed or seriously injured it's too late already, what's needed is prevention, retribution gets us nowhere.

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mike the bike | 8 years ago
5 likes

 

A step in the right direction; all we need now is an end to the ridiculous practice of giving a 50% discount to everyone who doesn't actually set fire to the prison.

Avatar
bendertherobot replied to mike the bike | 8 years ago
1 like

mike the bike wrote:

 

A step in the right direction; all we need now is an end to the ridiculous practice of giving a 50% discount to everyone who doesn't actually set fire to the prison.

It's a fair point. In each category, there is a presumption that the recommended reduction will be given unless there are good reasons for a lower amount.  So you go 1/3 first reasonable opportunity, 1/4 after trial date set and 1/10 on day of trial. So on a guilty plea it's generally 33%. 

There are good reasons for it. It avoids a trial, witnesses being put through hell etc. 

Of course, we could do away with it entirely and add a percentage if you were convicted. The thing about that is that it would put pressure on people to plead when they've not 'done it' and sentencing will no doubt be readjusted to take it into account, i.e. sentences would be lowered and you'd be penalised for pleading not guilty. But if you pleaded guilty your 'lower sentence' would likely be the same as the sentence now minus discount.

Avatar
oldstrath replied to bendertherobot | 8 years ago
5 likes
bendertherobot wrote:

mike the bike wrote:

 

A step in the right direction; all we need now is an end to the ridiculous practice of giving a 50% discount to everyone who doesn't actually set fire to the prison.

It's a fair point. In each category, there is a presumption that the recommended reduction will be given unless there are good reasons for a lower amount.  So you go 1/3 first reasonable opportunity, 1/4 after trial date set and 1/10 on day of trial. So on a guilty plea it's generally 33%. 

There are good reasons for it. It avoids a trial, witnesses being put through hell etc. 

Of course, we could do away with it entirely and add a percentage if you were convicted. The thing about that is that it would put pressure on people to plead when they've not 'done it' and sentencing will no doubt be readjusted to take it into account, i.e. sentences would be lowered and you'd be penalised for pleading not guilty. But if you pleaded guilty your 'lower sentence' would likely be the same as the sentence now minus discount.

So why don't you worry that the current system puts pressure on people to plead "when they've not done it"?

But whatever, this still misses the point that what really matters is stopping these people driving, ideally before they kill someone. Regular, frequent retesting and lower thresholds for long bans would help. Not clear that locking up people who (generally) wouldn't be killers without the car will help.

Avatar
FluffyKittenofT... replied to bendertherobot | 8 years ago
1 like
bendertherobot wrote:

mike the bike wrote:

 

A step in the right direction; all we need now is an end to the ridiculous practice of giving a 50% discount to everyone who doesn't actually set fire to the prison.

It's a fair point. In each category, there is a presumption that the recommended reduction will be given unless there are good reasons for a lower amount.  So you go 1/3 first reasonable opportunity, 1/4 after trial date set and 1/10 on day of trial. So on a guilty plea it's generally 33%. 

There are good reasons for it. It avoids a trial, witnesses being put through hell etc. 

Of course, we could do away with it entirely and add a percentage if you were convicted. The thing about that is that it would put pressure on people to plead when they've not 'done it' and sentencing will no doubt be readjusted to take it into account, i.e. sentences would be lowered and you'd be penalised for pleading not guilty. But if you pleaded guilty your 'lower sentence' would likely be the same as the sentence now minus discount.

Is there not a confusion here between the reduction for pleading guilty and the 'early release on licence for good-behaviour' rule? Aren't those two different things?

Avatar
bendertherobot replied to FluffyKittenofTindalos | 8 years ago
1 like

FluffyKittenofTindalos wrote:
bendertherobot wrote:

mike the bike wrote:

 

A step in the right direction; all we need now is an end to the ridiculous practice of giving a 50% discount to everyone who doesn't actually set fire to the prison.

It's a fair point. In each category, there is a presumption that the recommended reduction will be given unless there are good reasons for a lower amount.  So you go 1/3 first reasonable opportunity, 1/4 after trial date set and 1/10 on day of trial. So on a guilty plea it's generally 33%. 

There are good reasons for it. It avoids a trial, witnesses being put through hell etc. 

Of course, we could do away with it entirely and add a percentage if you were convicted. The thing about that is that it would put pressure on people to plead when they've not 'done it' and sentencing will no doubt be readjusted to take it into account, i.e. sentences would be lowered and you'd be penalised for pleading not guilty. But if you pleaded guilty your 'lower sentence' would likely be the same as the sentence now minus discount.

Is there not a confusion here between the reduction for pleading guilty and the 'early release on licence for good-behaviour' rule? Aren't those two different things?

Not from me, no.

Avatar
handlebarcam | 8 years ago
1 like

I'll believe it when I see it.

Avatar
bendertherobot | 8 years ago
4 likes

Because in those cases where there is evidence that leads to a conviction there's now a greater sentencing power. 

And because it may lead to a realignment in relation to the sentencing powers below this level of offence.

Avatar
HalfWheeler replied to bendertherobot | 8 years ago
1 like

bendertherobot wrote:

Because in those cases where there is evidence that leads to a conviction there's now a greater sentencing power. 

And because it may lead to a realignment in relation to the sentencing powers below this level of offence.

+1

Avatar
burtthebike | 8 years ago
5 likes

Pretty much a waste of time, and just a sop to the road safety campaigners.  If killer drivers either aren't charged or are found not guilty by juries, what is the point of greater punishments?

Avatar
Yorkshire wallet | 8 years ago
11 likes

So a new maximum sentence is in place, even though nobody ever got the old maximum sentence anyway. 

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