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

My hon. Friend makes a very good point, and I hope that I can get for her the information on the number of convictions for manslaughter shortly. However, for a manslaughter charge to be made, the prosecution needs to prove that there was some element of intent or recklessness regarding the death or injuries that were caused, or that the standard of driving was grossly negligent; in other words, exactly the situation that she is describing. However, in many driving cases, the offending behaviour—while highly irresponsible—does not necessarily include the state of mind required for a manslaughter charge to be made. That is why we have specific offences of causing death by careless or dangerous driving.

What amounts to dangerous driving is determined not by considering the driver’s state of mind or intentions, which in the context of driving are often difficult to ascertain, but by examining the nature of the driving. So what does the law do? The law sets out an objective test designed to compare the driving of the defendant in the specific circumstances of the case against what would be expected of a notional careful and competent driver. In general terms, if the court considers that the driving being considered falls far below that standard, and that it would be obvious to a competent and careful driver that that manner of driving was dangerous, then the court will find it to have been dangerous driving.