A draft guideline on sentencing death by driving offences is now open for consultation.
It is Scotland’s first offence guideline and the Scottish Sentencing Council is keen to hear your views before it is finalised.
Police Officers across Scotland work tirelessly on investigations at the start of criminal cases to support the effective prosecution of offenders and the protection of victims.
Today, however, I am writing in my role as a member of the Scottish Sentencing Council, which looks at the sentencing outcomes for criminal procedures.
Sentencing is an important part of the process for everybody working in the justice system and for everyone affected by it.
To date, the Council has published three general sentencing guidelines on the principles and purposes of sentencing, on the process of deciding sentences and on sentencing young people.
We are now consulting on Scotland’s first sentencing guideline for a specific offence.
Death by driving offences
It covers the statutory causing death by driving offences:
- causing death by dangerous driving
- causing death by careless driving when under the influence of drink or drugs
- causing death by careless or inconsiderate driving
- causing death by driving – unlicensed, uninsured, or disqualified drivers
In all offences in Scotland, the seriousness of the crime is determined by two things – the level of the blame of the offender (culpability) and the harm caused (or which might have been caused).
As either or both culpability and harm increase, so may the seriousness of the offence.
For death by driving offences, the level of harm (death) is set by law and is always very high.
Therefore, when determining the different levels of seriousness, the judge will concentrate on the culpability of the offender.
The draft guideline
To assist judges with deciding the appropriate sentence in these cases, the structure of the draft guideline follows the first three steps in our sentencing process guideline.
A table at step one (or two tables for offences of causing death by careless driving when under the influence of drink or drugs) lists features to be considered in the case, based on their level of seriousness (A, B, or C).
The table in step two sets out sentencing ranges for each level of seriousness.
And a table in step three lists factors which may aggravate (increase) or mitigate (reduce) the seriousness.
For example, in relation to causing death by dangerous driving:
- ‘Level A’ seriousness would include prolonged and deliberate bad driving with a disregard for the danger being caused to others
- ‘Level B’ would include driving that created a substantial risk of danger to others
- ‘Level C’ would include a single dangerous manoeuvre which created significant risk of danger to others
The table in step two provides sentencing ranges for causing death by dangerous driving at seven to 12 years’ imprisonment at ‘level A’; four to seven years’ imprisonment at ‘level B’ and two to five years’ imprisonment at ‘level C’.
The table in step three lists some factors which may aggravate (increase) or mitigate (lower) the seriousness of the offence, such as the offender having previous convictions (aggravating factor) or a previously good driving record (mitigating factor).
Once finalised, this guideline will work as a template for future offence guidelines.
‘Significant public concern’
So, why did we select causing death by driving offences for our first offence guideline?
There are a number of reasons. These offences are very serious in nature and are of significant public concern.
Although relatively uncommon, they can be amongst the most complex and emotive cases before the courts.
Judges often need to make difficult assessments about the level of an offender’s culpability in relation to the very serious harm caused.
This can be particularly challenging when sentencing careless or inconsiderate driving offences, where there can be a significant difference between the harm caused and the culpability of the offender.
On the one hand, there has been a fatality. On the other hand, at the lower end of the scale, a driver with a previously good driving record and no previous convictions may have been momentarily distracted.
Assisting judges to make difficult assessments
This guideline will assist judges in making these difficult assessments. It will also help all those involved in the case, and the public, by increasing the predictability of the sentence.
In drafting guidelines, the Scottish Sentencing Council conducts research and engages extensively with justice organisations and interested groups.
We now want to hear from the public to know what your views are.
This consultation will be open until Tuesday, November 22. We carefully consider every response that we receive.
You can take part in the consultation by visiting the Scottish Sentencing Council’s website.
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