Criminal Justice and Courts Bill

Debate between Baroness Laing of Elderslie and Jeremy Wright

Monday 12th May 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 22—Penalty for driving while disqualified—

‘(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) in the entry relating to the offence of obtaining licence, or driving, while disqualified, section 103(1)(b) of the Road Traffic Act 1988—

(a) in column 3 leave out “6 months” and insert “12 months”;

(b) in column 2 below “(c) On indictment, in Scotland”, insert “(d) On indictment, in England and Wales”; and

(c) in column 3 below “(c) 12 months or a fine or both” insert “(d) 2 years or a fine or both”.

(2) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference to 12 months is to be read as reference to six months.

(3) The amendment made by this section applies only in relation to an offence committed on or after the day on which it comes into force.’.

Makes the offence of driving while disqualified triable either way, with a maximum penalty of 2 years’ imprisonment for conviction on indictment.

Government new schedule 2—‘Offences committed by disqualified drivers: further amendments.

Amendment 9, in clause 28, page 26, line 31, at end insert—

‘(c) a submission from the DVLA to inform the court of any penalty points endorsed on the driver’s record.’.

Amendment 8, page 26, line 35, at end insert—

‘(3A) For cases involving driving offences, where the accused has 12 or more penalty points currently on their drivers’ record, any exceptional hardship plea previously made by the accused must be disclosed to the court.’.

Government amendment 7.

Government new clause 10—Term of imprisonment for murder of a police or prison officer.

Government new clause 11—Committal for sentence of young offenders convicted of certain serious offences.

[Jeremy Wright]

Over a period of months, we have listened to concerns raised by the families of victims and hon. Members acting on their behalf about disqualified drivers. They have said that the current maximum penalty of two years’ imprisonment for causing death by driving when disqualified does not adequately reflect the tragic consequences of the offending. I am particularly grateful to, among others, my hon. Friends the Members for Gloucester (Richard Graham), for Gillingham and Rainham (Rehman Chishti), and for Kingswood (Chris Skidmore) for keeping the issue firmly on the agenda. In our view, disqualified drivers who flout court bans, continue to drive badly and cause death should be treated far more seriously by the courts than they are at present, and I am pleased to say that new clause 14 and new schedule 2 will effect that change.

We should also concern ourselves with disqualified drivers who cause serious injury. It is, after all, often a matter of chance whether the victim lives or dies. If there is no evidence that the offender was driving dangerously, the most with which he or she can be charged under the current law is driving while disqualified, which incurs a maximum penalty of six months’ imprisonment. That is plainly inadequate. It does not reflect some of the horrific and life-changing injuries that can be suffered by road traffic victims, or the terrible toll that this can take on their families. That is why we are also introducing a new offence of causing serious injury by disqualified driving, which will incur a maximum penalty of four years’ imprisonment.

We thought carefully about whether these changes should apply to unlicensed and uninsured drivers as well. We decided to limit the changes to disqualified drivers, because we think that they have a higher level of culpability than other illegal drivers. A driving ban would only be imposed on an offender following the commission of a series of motoring offences or a single serious offence. If such an offender flouts a ban imposed by the court, continues to drive badly and causes a death or serious injury, it is right that he should feel the full force of our proposed new provisions.