Dangerous Driving Offences (Sentences)

Anna Soubry Excerpts

Wednesday 22nd June 2011 Westminster Hall

[Karl Turner]

I agree with the hon. Gentleman. I mitigated a case before a magistrate when I was representing a defendant, who was effectively a probationary driver, for a driving offence. I suggested to the bench that, instead of throwing the book at him, he should be banned for a short period, so that he did not have to start from scratch, taking his test and so on.

I am assisted to some extent by some recent publicity. The Sun ran a story last Saturday about the victim of a driving offence, who was tragically paralysed. I have had the opportunity to speak with her father, Dr Robert Carver. The offence was different—careless driving—but the victim’s injuries were dreadful. I am sure that the family feel outraged, but her father has asked me to make it clear that he makes no criticism of the district judge, Judge Stobart, who passed sentence in that case, saying that the judge was working within the constraints of the law.

I mention that case for two reasons. It is tragic for the victim—absolutely dreadful—but, for whatever reason, the offender was charged with careless driving, not dangerous driving. The sentence of 150 days in such circumstances was appropriate. However, an offence of dangerous driving, which is much worse in my view, must require a much harsher sentence.

[Anna Soubry (Broxtowe) (Con)]

I congratulate the hon. Gentleman on securing this debate and on his efforts to reform the law. He clearly has considerable support from all parties, and we wish him absolute success.

The two-year sentence means that judges cannot reflect the serious consequences that often flow from someone who has committed the offence of dangerous driving, notably if causing injury. For what it is worth, I remember prosecuting a similar case in Derbyshire. Someone had suffered permanent damage to the legs, but the judge’s hands were tied in the sentence he passed. We really need reform in this area, do we not?

[Karl Turner]

Absolutely. I agree entirely with the hon. Lady, and welcome her remarks, which are right.

Before the election, I was defending a case of dangerous driving before the Crown Court—I was a pupil barrister in my local chambers, the Wilberforce chambers, which I mention because I hope for extra support from my head of chambers. I was enthusiastic, preparing the mitigation the night before, because I was excited to be appearing before a Crown Court judge—I had spent some years before that working for a firm of solicitors. I remember standing up with all that enthusiasm, beginning the mitigation and then seeing the expression on the judge’s face. I had seen the CCTV, because it was played in court, but the judge was looking at me and saying, “Stop there, please, because the maximum sentence is two years. He pleaded, with good advice, in the magistrates court, so I must reduce the sentence to 16 months as a starting point. I then have to reduce it further because it is not the worst case of dangerous driving that I have judged.”

I decided to stand up and have another go but, with the clear expression on the judge’s face, I gave in pretty swiftly. The maximum sentence was indeed 16 months in such circumstances, and the offender received 11 months. When I went down to see him in the cell, I did the usual thing and told him how absolutely brilliant I was, but then I began thinking about the seriousness of the case. His driving had been truly horrendous. The offender had smashed into police cars to evade detection by the police. He was risking not only his own life but the lives of everyone on that road. This incident happened in broad daylight. He drove past a school at 70 miles per hour. The serious nature of that made me understand why the judge was looking at me as though I was the lunatic rather than the defendant.