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27 February 2004
Longer maximum prison terms for 'Causing Death by
Dangerous Driving' (Section 1) do not address the heart of the
problem.
The increase in sentence applies to few cases only, while the
majority of road deaths will continue to be treated as irrelevant
in law.
Furthermore, present Charging Standards and Sentencing
Guidelines have a detrimental effect on any charges and
sentences.
While nothing has been done to address the wrong of the
'Careless Driving' charge (Section 3) for culpable road deaths, the
Government's increase of the maximum prison sentence to 14 years
will widen the gap even further between the Section 1 and Section 3
charges.
The majority of drivers who kill through acts of gross
negligence and law breaking are only charged with the minor offence
of 'Driving without due Care and Attention', a mere summary charge
which totally ignores the fact of death in charge, proceedings and
sentence - a charge dealt with entirely by lay magistrates, who do
not even record these deaths on their Courts' records. Derisory
fines and licence points are the typical sentences.
The Charging Standard agreed between ACPO and the CPS
recommends, for example, that only a Section 3 charge should be
brought for driving through red traffic lights or reading a map
while driving.
RoadPeace, the national charity for road traffic victims, has
long been campaigning for a change of law, so that in all cases of
culpable road deaths the death would be the central issue of any
charge and not, as at present, treated as merely the unfortunate
by-product of a piece of driving that can be ignored.
Brigitte Chaudhry, National Secretary, said:
"Any improvements in treating road deaths more seriously are
very welcome. However, the heart of the problem remains, namely the
fact that the vast majority of culpable road deaths do not end up
in a Crown Court, but are merely dealt with by lay magistrates as
summary offences, with the deaths dismissed as of no importance -
not mentioned or recorded. This is not only deeply insulting and
hurtful to families, but is the source of countless procedural
problems, in particular the six-month limitation period for
bringing charges, when inquests, which may bring up vital evidence
for a prosecution, are frequently held after this period."
Contacts:
RoadPeace office 020 8838 5102
Brigitte Chaudhry 020 8964 1800
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