Justice written question – answered on 5th July 2012.
To ask the Secretary of State for Justice
(1) what estimate he has made of the change in the total immediate custodial sentences for (a) causing death by careless driving, (b) causing death by dangerous driving, (c) causing injury by careless driving and (d) causing injury by dangerous driving since the offence of death by careless driving was introduced in 2008;
(2) what estimate he has made of the change in the average custodial sentence length for (a) causing death by careless driving, (b) causing death by dangerous driving, (c) causing injury by careless driving and (d) causing injury by dangerous driving since the offence of death by careless driving was introduced in 2008;
(3) what assessment he has made of the reasons for the change in conviction rates for offences of death or injury by careless or dangerous driving since 2008;
(4) what estimate he has made of the average length of custodial sentence for the offences of (a) causing death by dangerous driving, (b) involuntary manslaughter and (c) causing grievous bodily harm in each of the last five years.
Other than where specified in a statute, information held centrally does not include all the circumstances of each case, it is not possible to identify from offences of careless or dangerous driving those cases which resulted from injury to the victim. From proceedings for offences of manslaughter it is not possible to identify those specifically identified as 'involuntary'.
The number of defendants proceeded against at magistrates courts, and found guilty (including conviction ratio) and sentenced to immediate custody at all courts, with the average custodial sentence length, for selected driving offences, manslaughter and causing grievous bodily harm, in England and Wales, from 2007 to 2011, can be viewed in the table.
Number of defendants proceeded against at magistrates courts, and found guilty and sentenced to immediate custody at all courts, with the average custodial sentence length (ACSL), for selected offences, England and Wales, 2007 to 2011(1, 2) | ||||||
2007 | ||||||
Offence description | Proceeded against | Found guilty(3) | Conviction ratio (percentage)(4) | Sentenced(5) | Of which: Immediate custody | ACSL (months)(6) |
Causing death by dangerous driving | 276 | 233 | 84.4 | 233 | 214 | 44.1 |
Causing death by careless driving when under the influence of drink or drugs | 40 | 67 | 167.5 | 67 | 65 | 39.2 |
Causing death by careless or inconsiderate driving | * | * | * | * | * | * |
Causing death by driving: unlicensed, disqualified or uninsured drivers | — | — | — | — | — | — |
Causing bodily harm by furious driving | 7 | 5 | 71.4 | 5 | — | — |
Dangerous driving | 4,705 | 4,118 | 87.5 | 4,221 | 1,566 | 8.9 |
Careless driving without due care or attention(7) | 34,675 | 28,614 | 82.5 | 28,615 | — | — |
Manslaughter | 105 | 247 | 235.2 | 247 | 215 | 61.6 |
Wounding with intent to do grievous bodily harm | 5,467 | 1,733 | 31.7 | 1,734 | 1,548 | 43.7 |
2008(8) | ||||||
Offence description | Proceeded against | Found guilty(3) | Conviction ratio (percentage)(4) | Sentenced(5) | Of which: Immediate custody | ACSL (months)(6) |
Causing death by dangerous driving | 266 | 221 | 83.1 | 221 | 206 | 48.8 |
Causing death by careless driving when under the influence of drink or drugs | 27 | 46 | 170.4 | 46 | 45 | 46.6 |
Causing death by careless or inconsiderate driving | 2 | 4 | 200.0 | 4 | — | — |
Causing death by driving: unlicensed, disqualified or uninsured drivers | 1 | 1 | 100.0 | — | — | — |
Causing bodily harm by furious driving | 15 | 11 | 73.3 | 11 | 4 | 11.2 |
Dangerous driving | 3,940 | 3,534 | 89.7 | 3,664 | 1,386 | 9.5 |
Careless driving without due care or attention(7) | 47,924 | 40,686 | 84.9 | 40,689 | — | — |
Manslaughter | 117 | 268 | 229.1 | 268 | 233 | 59.2 |
Wounding with intent to do grievous bodily harm | 5,836 | 1,661 | 28.5 | 1,664 | 1,548 | 49.4 |
2009 | ||||||
Offence description | Proceeded against | Found guilty(3) | Conviction ratio (percentage)(4) | Sentenced(5) | Of which: Immediate custody | ACSL (months)(6) |
Causing death by dangerous driving | 252 | 225 | 89.3 | 233 | 218 | 44.2 |
Causing death by careless driving when under the influence of drink or drugs | 29 | 35 | 120.7 | 35 | 33 | 45.5 |
Causing death by careless or inconsiderate driving | 178 | 81 | 45.5 | 73 | 3 | 14.6 |
Causing death by driving: unlicensed, disqualified or uninsured drivers | 19 | 11 | 57.9 | 10 | 1 | 5.4 |
Causing bodily harm by furious driving | 18 | 12 | 66.7 | 12 | 5 | 9.6 |
Dangerous driving | 3,887 | 3,387 | 87.1 | 3,484 | 1,309 | 9.1 |
Careless driving without due care or attention(7) | 53,512 | 46,601 | 87.1 | 46,603 | — | — |
Manslaughter | 95 | 227 | 238.9 | 227 | 206 | 65 |
Wounding with intent to do grievous bodily harm | 6,672 | 1,676 | 25.1 | 1,674 | 1,553 | 52.1 |
2010 | ||||||
Offence description | Proceeded against | Found guilty(3) | Conviction ratio (percentage)(4) | Sentenced(5) | Of which: Immediate custody | ACSL (months)(6) |
Causing death by dangerous driving | 196 | 154 | 78.6 | 158 | 140 | 49.1 |
Causing death by careless driving when under the influence of drink or drugs | 34 | 41 | 120.6 | 41 | 40 | 45.5 |
Causing death by careless or inconsiderate driving | 285 | 238 | 83.5 | 236 | 45 | 15.4 |
Causing death by driving: unlicensed, disqualified or uninsured drivers | 22 | 22 | 100.0 | 22 | 4 | 8.4 |
Causing bodily harm by furious driving | 11 | 4 | 36.4 | 4 | 2 | 15 |
Dangerous driving | 3,495 | 3,182 | 91.0 | 3,175 | 1,134 | 9.7 |
Careless driving without due care or attention(7) | 55,188 | 48,576 | 88.0 | 48,582 | — | — |
Manslaughter | 80 | 222 | 277.5 | 222 | 205 | 74 |
Wounding with intent to do grievous bodily harm | 6,789 | 1,737 | 25.6 | 1,734 | 1,604 | 54.2 |
2011 | ||||||
Offence description | Proceeded against | Found guilty(3) | Conviction ratio (percentage)(4) | Sentenced(5) | Of which: Immediate custody | ACSL (months)(6) |
Causing death by dangerous driving | 175 | 114 | 65.1 | 115 | 110 | 48.7 |
Causing death by careless driving when under the influence of drink or drugs | 22 | 35 | 159.1 | 35 | 35 | 52.3 |
Causing death by careless or inconsiderate driving | 249 | 234 | 94.0 | 231 | 46 | 15.3 |
Causing death by driving: unlicensed, disqualified or uninsured drivers | 17 | 21 | 123.5 | 18 | 5 | 8.4 |
Causing bodily harm by furious driving | 13 | 7 | 53.8 | 7 | 4 | 5 |
Dangerous driving | 3,271 | 2,901 | 88.7 | 2,904 | 1,123 | 9.8 |
Careless driving without due care or attention(7) | 49,609 | 43,736 | 88.2 | 43,736 | — | — |
Manslaughter | 72 | 192 | 266.7 | 192 | 166 | 78.8 |
Wounding with intent to do grievous bodily harm | 6,012 | 1,779 | 29.6 | 1,777 | 1,652 | 59.8 |
* = Not applicable. (1) The figures given in the table on court proceedings relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. (2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. (3) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates court took place in an earlier year and the defendants were found guilty at the Crown court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against. (4) The conviction ratio is based on the number of defendants found guilty in a particular year as a proportion of the number proceeded against in the same year. (5) The number of offenders sentenced can differ from those found guilty as it may be the case that a defendant found guilty in a particular year, and committed for sentence at the Crown court, may be sentenced in the following year. (6 )Excludes life and indeterminate sentences. (7) Includes offences of: failing to comply with an order to stop a moving vehicle; using a hand held mobile phone while driving; breach of requirements as to control of a vehicle; and other miscellaneous careless driving offences. (8) Excludes data for Cardiff magistrates court for April, July and August 2008. Source: Justice Statistics Analytical Services—Ministry of Justice. |
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