Bob
10th January 2008, 01:26
Despite the introduction of a tough new law, killer drivers could avoid jail sentences if a recommendation by the Sentencing Guidelines Council (SGC) is approved.
The new charge of causing death by careless driving will carry a maximum five-year sentence. But the SGC recommends community penalties in cases where drivers kill someone through "momentary inattention", even in cases of ‘medium seriousness’.
Its consultation paper said: "Where the level of carelessness is low and there are no aggravating factors, even the fact that death was caused is not sufficient to justify a prison sentence."
The offence may cover being distracted by satellite navigation equipment. Also, motorists who kill after forgetting to renew their car insurance could avoid custody, even though the maximum sentence for "causing death when driving while unlicensed, disqualified or uninsured" is two years in jail.
In the past, drivers who caused a death might have found themselves charged with careless driving - which did not take into account that someone had died and only carried a maximum penalty of a £2,500 fine. The new offence of death by careless driving won Royal Assent in November 2006 as an alternative to causing death by dangerous driving, but has yet to be brought in.
Lorna Jackson, from the road safety charity, Brake, said she still hoped custodial sentences would be a "starting point". She said: "If someone in my family had been killed by a driver I wouldn't be satisfied for them to get a community sentence.”
Current laws mean that someone convicted of death by dangerous driving can be sentenced to 14 years in prison.
The new charge of causing death by careless driving will carry a maximum five-year sentence. But the SGC recommends community penalties in cases where drivers kill someone through "momentary inattention", even in cases of ‘medium seriousness’.
Its consultation paper said: "Where the level of carelessness is low and there are no aggravating factors, even the fact that death was caused is not sufficient to justify a prison sentence."
The offence may cover being distracted by satellite navigation equipment. Also, motorists who kill after forgetting to renew their car insurance could avoid custody, even though the maximum sentence for "causing death when driving while unlicensed, disqualified or uninsured" is two years in jail.
In the past, drivers who caused a death might have found themselves charged with careless driving - which did not take into account that someone had died and only carried a maximum penalty of a £2,500 fine. The new offence of death by careless driving won Royal Assent in November 2006 as an alternative to causing death by dangerous driving, but has yet to be brought in.
Lorna Jackson, from the road safety charity, Brake, said she still hoped custodial sentences would be a "starting point". She said: "If someone in my family had been killed by a driver I wouldn't be satisfied for them to get a community sentence.”
Current laws mean that someone convicted of death by dangerous driving can be sentenced to 14 years in prison.