Dangerous Driving: Penalties

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

Alert me about debates like this

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

The key point here is that these guidelines are being reviewed currently, to establish why, as my hon. Friend contends, judges have not given sentences of more than eight years in these cases. It could be based on the evidence in a case, as the judge saw it, but all these things need to be reviewed. I will come on to talk about a remedy, because there are many different cases involving this issue and many different suggestions from people as to how we should deal with it.

For example, my hon. Friend asked why there was a reduction in sentence for an early guilty plea. That is an interesting point; applying such reductions to sentences is a long-standing practice that applies to all offences, and it has a number of benefits. A reduction in sentence is appropriate because a guilty plea removes the need for a trial, which in turn enables justice to be delivered more quickly; it reduces the gap between charging and sentencing; and, in the case of an early plea, it saves victims and witnesses from being concerned about having to give evidence.

The sentencing guidelines provide a sliding scale of reductions, depending on the point at which the guilty plea is made. The maximum reduction for a guilty plea that is made at the first reasonable opportunity is a third of the sentence that will be imposed; the recommended reduction falls to 10% when the offender pleads guilty on the day of the trial. Also, where the case against the offender is overwhelming, the guidelines provide for discretion on the part of the judge to give a lower reduction.

My hon. Friend also made another point in this context about early release when she expressed concern that the offenders in this case will be released on licence at the halfway point in their sentence. As she will know, release on licence before the end of a sentence is not new; the current arrangements are set out in the Criminal Justice Act 2003. As a general point, when someone is released on licence there is still a hold over them; if they commit the offence again during their licence period, they will go back to prison to serve the remainder of the original sentence, in addition to the sentence that is imposed for the new offence.

In most driving cases, however, a standard determinate sentence will be imposed by the court and the 2003 Act provides that such prisoners must be released automatically on licence as soon as they have served half of their sentence. Once the offender is out on licence, then—as I have already hinted—they are subject to conditions and liable to be recalled to serve the remainder of their original sentence if they break those conditions. These arrangements apply to all determinate sentences imposed for any offence—for example, they apply to sentences for assault or theft. Consequently, any change for driving offences could result in anomalies arising for driving offences compared with other offences.

That said, different arrangements are in place for offenders serving indeterminate sentences or extended determinate sentences, and for offenders who are of particular concern. It is right that we concentrate our limited resources on ensuring that those offenders who pose a particular and ongoing risk to the public are not released before it is safe to do so, which is the rationale for the current situation.

However, my hon. Friend obviously wants a change in the current situation—she does not want to be told what the current situation is—and I am sure that it is the same for the Gilbey family and the many other families who feel that they are serving a life sentence while the perpetrators of crime get off .

As I said at the outset, there can be nothing more tragic than the loss of a loved one, especially when that loss was avoidable. As the Prime Minister made clear last week, there are deep concerns about the law on dangerous driving and about the sentencing powers currently available to the courts. For too long, these concerns have not been acted upon, so today I reaffirm this Government’s commitment to consult on the penalties for dangerous driving offences.

That consultation will begin before the end of the year. Blameless victims and their families must have total confidence in our criminal justice system. To those people, our message is clear: this Government are committed to making sure that the sentences for those who kill or seriously injure other people on our roads fit the crime. I look forward to setting out our plans later this year.

Question put and agreed to.

Sitting suspended.