British injustice again

Motorists who kill when driving while uninsured or unlicensed could still avoid a jail sentence, under guidelines to judges outlined yesterday. Similarly, motorists with an unblemished record who kill after a moment’s “inattention” would receive a community sentence, the guidelines suggest.The new “ladder” of penalties outlined by the Sentencing Guidelines Committee, headed by the Lord Chief Justice, Lord Phillips of Worth Matravers, are aimed at punishing more harshly drivers who kill. But they will dismay victims’ groups, who had hoped for tougher penalties for all drivers who cause deaths.

Angela Smith, 47, whose 16-year-old son, Kyle, was killed in a car crash in 2005, said yesterday: “Death-crash legislation should be seen as a deterrent, not a soft option.” She added: “The 19-year-old driver in my son’s crash was banned for 2½ years and fined 1,000 pounds. People who cause death on the roads should never drive again. They should have to live with what they have done for the rest of their lives.”

Overall, penalties will increase and offenders will no longer receive only a fine. In the worse cases of dangerous driving, drivers will receive jail terms of at least seven years, up to a maximum of 14 years. But custody will not result in every case and judges will have to assess how bad the driving was and the degree of danger created.

The guidelines, which now go to MPs and ministers for comments, say: “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 guidelines spell out how the courts should treat drivers who kill because they have been distracted by mobile phones, lighting cigarettes, reading maps, adjusting car radios or setting satellite navigation equipment.

Often a sentence will depend on whether motorists were guilty of “ordinary” avoidable distractions – such as glancing at a map – or “gross” distractions such as mobile texting.Under new offences to take effect in March or April, uninsured motorists who kill and have no previous convictions can escape with a community order, but motorists who kill when disqualified will face jail terms of up to two years.

Sir Igor Judge, the deputy chairman of the council, said that sentencing in such cases was extremely sensitive. “Very heavy sentences are appropriate where the standard of driving involves flagrant disregard of the safety of other road users,” he added. “But sometimes death results from a relatively minor error of judgment, to which every, however experienced, motorist is liable from time to time.”

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