Dangerous Driving: Penalties

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

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Photo of Claire Perry Claire Perry Conservative, Devizes 11:15, 13 September 2016

Would the Minister or his Department be able to tell us how many of these cases have been tried as manslaughter cases? I accept what he is saying; indeed, that is why some of the lesser offences were introduced, because there seemed to be a perception that it was harder to convict someone for causing manslaughter by motor vehicle than for other offences. However, dealing with that situation is surely a function of guidance to judges. If it is possible to start with a manslaughter charge and then have a barrister argue that, for whatever reason, the case did not fit the definition of manslaughter, then the next point could of course be to have the defendant tried for causing death by dangerous driving.

Nevertheless, if we consider the definition of unlawful manslaughter—we are not saying that these people deliberately targeted James; we are talking about people who behaved so recklessly or illegally, by breaking the speed limit, that James’s death resulted—surely that should be a starting point that the judge could consider? It seems perverse that people argue that just because a judge could not make a manslaughter charge stick, we should not start with that charge.