Dangerous Driving: Penalties

Part of Backbench Business – in Westminster Hall at 11:15 am on 13 September 2016.

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Photo of Sam Gyimah Sam Gyimah The Parliamentary Under-Secretary of State for Justice 11:15, 13 September 2016

It is a pleasure to serve under your chairmanship, Ms Ryan. I congratulate my hon. Friend Claire Perry on securing this debate and the passion with which she made the case on the tragic death of James Gilbey. Securing justice for victims and relatives in cases of death by dangerous driving is a priority for the Government.

My hon. Friend rightly made the point that a death caused by bad driving that could have been avoided is heartbreaking. I cannot begin imagine the pain that James’s family and friends have suffered. I understand that the Justice Secretary will be meeting my hon. friend later today to discuss this horrific case. I offer my personal and deepest condolences to the Gilbey family.

The absence of an Opposition spokesperson in this debate notwithstanding, I know that many right hon. and hon. Members will be aware of several tragic cases of road deaths in their constituencies. I hope that Members will appreciate that I will not be able to respond to all the related cases that have been raised over several years, but I shall try to respond specifically to the points that my hon. Friend made today.

As my hon. Friend said, James Gilbey was crossing the road when he was hit by a speeding motorist who was racing another car. Both drivers fled the scene. Within a few days, the driver of the vehicle that hit James handed himself in to the police. The driver of the second car was arrested later. Both were convicted of causing death by dangerous driving and sentenced to eight years in prison on 24 March. They were also banned from driving for 10 years.

In the time I have remaining, I shall try to deal with the issues that my hon. friend has raised about this case and driving offences more generally. Quite rightly and understandably, my hon. Friend made the point that the worst cases should be dealt with as manslaughter. I understand why, in many cases, causing death by driving is thought to be equivalent to attacking someone with a weapon—my hon. Friend gave the example of someone driving at 90 mph in a residential area. Under the existing law, the Crown Prosecution Service can, and will, charge a person with manslaughter when the evidence supports that charge, it is in the public interest to do so and there is a reasonable prospect of a conviction.

Successful prosecutions have secured manslaughter convictions in driving cases, but it is worth making the general point that having everything classified as manslaughter does not necessarily guarantee a conviction. One can imagine a case in which a barrister played to the jury, asked for lower offences to be considered, and asked the jury to put themselves in the offender’s shoes. Classifying cases as manslaughter does not necessarily mean that more convictions will be secured; in fact, the reverse could be true. On top of that, a conviction would not necessarily lead to the expected sentence, because there is no mandatory minimum—it is up to the judge to decide.