Dangerous Driving

Oral Answers to Questions — Justice – in the House of Commons at 12:00 am on 6th December 2016.

Alert me about debates like this

Photo of Craig Tracey Craig Tracey Conservative, North Warwickshire 12:00 am, 6th December 2016

What progress the Government have made on the sentencing review of motoring offences and penalties relating to dangerous drivers.

Photo of Sam Gyimah Sam Gyimah The Parliamentary Under-Secretary of State for Justice

The Government yesterday issued a consultation paper following a review of driving offences and penalties. The consultation focuses on the driving offences that result in death or serious injury and proposes that the courts should be able to impose a life sentence, or longer determinate sentences, in the most serious cases.

Photo of Craig Tracey Craig Tracey Conservative, North Warwickshire

I welcome the consultation. Does the Minister agree that it presents the perfect opportunity to close a loophole whereby in the event of a pedestrian being hit by a driver under the influence of alcohol or drugs, as happened to my constituent Sean Morley, who was tragically killed as a result, the maximum sentence available for failing to stop and report is just six months, leaving no incentive for the driver to stay around? In Sean’s case, the Crown Prosecution Service and the judge had only the charge of failing to stop available to them, not death by dangerous driving.

Photo of Sam Gyimah Sam Gyimah The Parliamentary Under-Secretary of State for Justice

The case to which my hon. Friend refers is truly horrific, and I extend my personal sympathies to Sean Morley’s family. Nothing can compensate for the loss of a loved one by a killer driver who drives irresponsibly. I encourage the family to contribute to the consultation so that we can take their points on board.

Photo of Greg Mulholland Greg Mulholland Liberal Democrat, Leeds North West

Campaigners and families are delighted that the Government have now announced this review, and I pay tribute to all of them, and to all hon. Members on both sides of the House who contributed to the cross-party manifesto in 2014. The direction of travel is clearly welcome, but I just ask that consideration is given to getting rid of the charge of careless driving, because at the moment some of the most dangerous sorts of reckless, criminal driving are called careless, and that is wrong.

Photo of Sam Gyimah Sam Gyimah The Parliamentary Under-Secretary of State for Justice

The hon. Gentleman makes an important point. I congratulate him on his long-standing campaign on the issue. We looked very carefully at the distinction between careless and dangerous driving, which he wants us to get rid of, but we came to the view that a sense of culpability needs to be reflected in the decisions that the courts come to. For example, someone could be momentarily distracted by their children crying in the backseat and—God forbid—something bad then happens. That is very different from someone involved in speed racing. That is why we have chosen to keep that distinction.

Photo of Mark Pawsey Mark Pawsey Conservative, Rugby

My constituents George and Giulietta Galli-Atkinson set up the Livia awards in memory of their daughter. She was killed by a driver who mounted the pavement, but who was found guilty of causing death by dangerous driving and received only a fine. My constituents have campaigned for over 20 years for tougher sentences. How might that be achieved as a consequence of the Minister’s consultation?

Photo of Sam Gyimah Sam Gyimah The Parliamentary Under-Secretary of State for Justice

We are proposing a new life sentence as a maximum penalty for those convicted of dangerous driving. As a consequence, we are giving the courts the tools they need to make the punishment fit the crime, and that is testimony to the campaign my hon. Friend’s constituents have been running for years.

Photo of Margaret Ferrier Margaret Ferrier Shadow SNP Spokesperson (Scotland Office)

I welcome the consultation on this matter, but I seek some clarity from the Minister on the distinction between careless and dangerous driving. The consultation makes it clear that the Government do not propose any changes but seek instead to explain and address misconceptions about the law. How exactly does the Department intend to ensure greater consistency across the UK in applying this law?

Photo of Sam Gyimah Sam Gyimah The Parliamentary Under-Secretary of State for Justice

The consultation does have question 7 —an open question—so if the hon. Lady has any specific concerns that are not reflected in the consultation, she can by all means submit them in that question.