Victims of Road Traffic Offences: Criminal Justice System

Caroline Nokes Excerpts

Tuesday 30th January 2024 Westminster Hall

[Caroline Nokes (in the Chair)]

Before I call the hon. Member for North Devon (Selaine Saxby) to move the motion, can I ask for the co-operation of all Members taking part in this debate in ensuring that they abide by the House’s sub judice resolution? That means that there must be no reference in debate to cases that are active in the UK courts, including inquests and any cases that have not reached the sentencing stage. I ask Members to take all reasonable steps to assure themselves before mentioning specific incidents that there are no active court proceedings at this time, and to avoid saying anything that appears to prejudge the outcome of a future case. I will intervene if it appears that a case being discussed is indeed active.

[Selaine Saxby (North Devon) (Con)]

I beg to move,

That this House has considered victims of road traffic offences and the criminal justice system.

It is a pleasure to serve under your chairmanship this morning, Ms Nokes.

I am speaking not just as a representative of my North Devon constituency, but primarily as co-chair of the all-party parliamentary group on cycling and walking. I am also here as a voice for the countless people across our country whose lives have been or could be tragically impacted by road crashes. I am careful to use the word “crashes” or “collisions” rather than “accidents” because RoadPeace, the charity supporting those who are bereaved or seriously injured after road traffic collisions, highlights that accidents are seen as “just one of those things”. In many cases, as we will hear today, there are a series of actions leading up to avoidable tragedies.

This debate has been secured following the APPG’s report on “Road Justice”, published late last year, which is a profound testament to the urgent need for reform. It is not an exaggeration to say that this is a matter not just of policy, but of life and death. This inquiry was a follow-up to the first in 2017, when my right hon. and learned Friend the Member for Cheltenham (Alex Chalk), who is now the Justice Secretary, held my position on the APPG. I spoke to him yesterday evening, and he is taking a keen interest in today’s debate; he will be facilitating a meeting for me with the relevant Minister following it.

The Government’s vision, as articulated in “Gear Change”, is ambitious and commendable. It is to see half of all journeys in towns and cities made accessible by walking or cycling by 2030. However, this vision is currently jeopardised by a prevailing climate of fear among vulnerable road users, such as pedestrians and cyclists. It also does not consider the complexities of active travel on rural roads, the encouragement of which requires a vastly different approach compared to the encouragement of active travel in more urban environments. The Department for Transport has made fantastic efforts to include rurality in its funding, but I ask that it extends rural thinking across the whole portfolio, so we can have a joined-up approach to road safety.

As many of us will know from the volume of correspondence from constituents, road safety is an issue that affects pretty much all of us, and pedestrians and cyclists are most at risk. To tackle road safety and improve the experience in the justice system, everybody needs to work together, and that includes Government Departments. Many of the responsibilities in this area fall between the Department for Transport, the Home Office and the Ministry of Justice, and I am sure that collaboration can be improved.

The inquiry conducted by the APPG included 10 recommendations categorised into two groups: group A, requiring ambitious reform; and group B, rapid and more uncontroversial proposals that could be implemented quickly. They would all require support from the Ministry of Justice, the Department for Transport and the Home Office.

The first recommendation in group A—aiming for ambitious reforms—is that the Government introduce escalating penalties for repeat road traffic offences. Analysis of police data from 2014 to 2017 has revealed that 47% of those convicted for driving while disqualified had at least one previous conviction for the offence. However, there is not currently a means for penalties to increase in steps. Instead, the magistrate or judge is limited to the same maximum penalty that applies to a first offence. I raised this point in the Chamber with the Minister for prisons, parole and probation—the Minister of State, Ministry of Justice, my right hon. Friend the Member for Charnwood (Edward Argar)—last year, and asked about his Department’s plans to escalate traffic offences, especially as repeat offenders are given the same penalty as a first-time offender. This would be an important step towards making road justice a reality for those walking, wheeling and cycling.

The APPG also asked for compulsory retesting of offenders. Any driver who has been disqualified should be required to undergo retesting. This currently happens only for the most serious of offences, such as causing death by dangerous driving. This is not punitive, but a necessary measure to ensure that drivers possess the skills and awareness needed for safe driving. The report proposed increasing the maximum sentence for dangerous driving to four years, reflecting the severity of such offences and their potential for causing harm. We need to deter and tackle dangerous drivers before they kill, so dangerous driving needs to be treated more seriously.

The concept of exceptional hardship in the totting-up process for driving disqualifications must also be revisited. We advocate a stricter interpretation to ensure that it is not misused as a loophole. Approximately 23% of those who amass 12 penalty points successfully argue against disqualification on the grounds of exceptional hardship. We should prioritise the hardship felt by families and victims of road crashes rather than prioritising the convenience of offenders.

The second part of the report calls for

“thorough investigation of serious collisions”.

Standardised best practice-based guidelines for investigating serious road traffic collisions must be adopted across all police forces. This uniformity will ensure justice and proper accountability. There is also a need to implement a standardisation system for third-party reporting of traffic incidents via dashcams. Currently, this can be a postcode lottery, and the change would facilitate a more consistent and efficient handling of such reports.

The report recommends establishing a UK commissioner for road danger reduction. The role would involve measuring road danger, setting reduction targets and ensuring effective collaboration among various stakeholders. This campaign is championed by crash victim Sarah Hope, who I know hoped to be in the Public Gallery today. We need to recognise that crash victims should be treated as victims of crime, barring clear evidence to the contrary. This recognition is vital in addressing their trauma and loss.

As we look at extending understanding of the highway code, we need a better communication campaign to enhance that understanding and compliance with the revised highway code, which would also contribute significantly to improving road safety.

In addition to the report, I feel it important to mention some of the additional issues that road safety campaigners have highlighted to us. One is the lengthy delay in the publishing of various calls for evidence by the Department for Transport, and the delay in publishing its road safety strategy. The call for evidence for the Department for Transport’s roads policing review began on 13 July 2020, with recommendations due in spring 2021. To date, no update has been published. In May 2014, the coalition Government at the time committed to undertake a full review of offences and penalties. Although this is no longer the same Government, for 10 years various Ministers in both the Department for Transport and the Ministry of Justice have promised that this is coming in “due course”. I hope that today the Minister will be able to provide a significant update on that timeline.

The Department for Transport has said that it intends to publish a new road safety strategy. There is currently a document in place for Scotland, Wales and Northern Ireland, but not England. It is essential that we know when such an important document will be published and put into practice. I again ask the Minister whether he can give any indication of a timeframe for the publication of that road safety strategy.

Unfortunately, most Members will have seen awful cases of road violence in their constituencies and struggle to understand the reasoning behind the charge and sentencing. The Under-Secretary of State for Wales, my hon. Friend the Member for Brecon and Radnorshire (Fay Jones), asked me to represent the case of Harry Webb on behalf of Harry’s parents in Powys. Harry was cycling in Hackney when he was killed by a driver. Harry was killed in a 20 mph limit area; if the driver had been driving at the speed limit, Harry would probably have got away with broken limbs at worst. However, that was not the case and if someone is charged—and there is no indication that they have been—it is regrettable that the case will not come to court until 2025. If someone is charged and found guilty, a criminally reckless driver will have been allowed behind the wheel until then. Harry’s parents have emphasised that perpetrators of road violence who have caused death or life-changing injuries often receive shockingly low sentences; their case is not the only one.

Not far from North Devon, my hon. Friend the Member for North Cornwall (Scott Mann) has worked for some time on an upsetting case from his constituency—one in which the Saltern family were deprived of a much-loved son, and a wife was robbed of a life together with him. The family have since campaigned for a change in the law—Ryan’s law—to try to widen the definition of death by dangerous driving. Unfortunately, my hon. Friend the Member for North Cornwall was unable to attend today’s debate as he is in a Bill Committee, but I know that he, too, has met Ministers to discuss whether it is possible to introduce a new offence or new sentencing guidelines relating to failing to stop. In my constituency of North Devon, 451 residents have signed the Ryan’s law petition calling for the Government to widen the definition of death by dangerous driving to include:

“failure to stop, call 999 and render aid on scene until further help arrives.”

The distinction between careless and dangerous driving is blurred, leading to inconsistency in charging and prosecution. In my local policing area of Devon and Cornwall, the ratio of careless driving prosecutions to dangerous driving prosecutions is 21:1. Across England, the ratio differs greatly between 1.8:1 in Cleveland and 41:1 in Essex. That inconsistency cannot be attributed solely to variations in local driving behaviours or to different environments; it points to a systemic issue in our enforcement and understanding of these offences.

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[Several hon. Members rose—]

[Caroline Nokes (in the Chair)]

As you can all see, many Members wish to contribute. I will not impose a formal time limit yet, but I ask Members to consider limiting their comments to five minutes or so.

[Fabian Hamilton (Leeds North East) (Lab)]

It is a pleasure to serve with you in the Chair, Ms Nokes. I thank my co-chair of the APPG for cycling and walking, the hon. Member for North Devon (Selaine Saxby), who gave a tremendous speech outlining the content of the “Road Justice” report that the group published in September 2023. I will add a little to what she said, but she was pretty comprehensive, and I am grateful to her. I took over from my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) as co-chair late last year; I thank her for her years of dedication and the huge contribution she made to the APPG in the years that she chaired it with the hon. Member for North Devon.

On 21 December 2017, just over six years ago, I secured an Adjournment debate in the Commons Chamber on the case of my constituent Ian Winterburn, a cyclist who was killed at the junction of Whitkirk Lane and the A6120 ring road in Leeds on the morning of 12 December 2016. He was wearing a cyclist’s high-visibility jacket and his helmet, and his lights were on. In spite of that, a car turning right in front of Ian drove straight into him, the driver claiming that she did not see him on the road. He died in a coma 10 days later as a result of his injuries. On 4 October 2017, the driver of the Skoda that killed Mr Winterburn was convicted by Leeds magistrates court of causing death by careless driving. She was handed down a four-month prison sentence suspended for two years, a £200 fine, 200 hours of community service and a two-year driving ban—not even the five-year ban that is now mandatory. As I described to the House at the time, the way in which the West Yorkshire police and the Crown Prosecution Service dealt with the case and treated the family was utterly appalling, as was the family’s treatment by the court service and the coroner. I detailed the case then, so I will not repeat what I said, but I sincerely hope that the treatment of victims of cycling fatalities and their families has improved over the past seven years.

In summer 2022, I received a distressing email from the daughter of a constituent who had been killed by a taxi driver on his way to work, early in the morning. My constituent was an experienced cyclist who had been travelling by bike regularly for over 40 years. He was hit and killed instantly by a car that had seemingly gone through a red light at a junction. As the case is still sub judice, I cannot give further details except to express my anger and that of the family that West Yorkshire police told the victim’s wife and daughter that the case could take up to two years to bring evidence or a prosecution for what appeared to them to be a clear-cut case. The anguish that they suffered and still suffer is unimaginable. It truly is a case of justice delayed, as the saying goes, being justice denied.

In 2023, as the hon. Member for North Devon said, the APPG for cycling and walking launched an inquiry into road justice that reported in September and made 10 recommendations. I will briefly repeat them at the end of my speech. However, a few years ago, while on my routine ride from Parliament to King’s Cross station on my way back to Leeds, I was stopping at the traffic lights at the junction of Holborn and Kingsway, a notoriously dangerous area for cyclists, when another cyclist cut across my path, causing me to brake so sharply that I fell off my bike on to a stationary taxi. The other cyclist, realising what he had done, stopped and returned to help me—the lights were red and the traffic was at a halt. At the same time, however, the cab driver wound down his window and started shouting abuse at me—while I was lying injured on the ground—for possibly damaging his vehicle. The other cyclist made it plain that the accident was his fault, not mine, but the cab driver would not have it and demanded that I pay for the damage to his taxi cab. When he finally got out of the cab he realised, after inspecting it, that no damage had been done, but instead of helping me up off the road, he simply told both of us that we were a menace to all cars on the road and should not be allowed to cycle on any main road. Thankfully, cycling infrastructure in London has improved so much since then that I do not have to use the Aldwych/Kingsway route any more, which is a big relief. I am sure there have been far fewer casualties at that junction since London’s cycle routes were created, but the same cannot be said for the rest of the country.

It is my experience as a cyclist, and I am sure that of many other Members, that drivers—most of us are drivers too—do not recognise the right of cyclists to be on the road with them. As the hon. Member for North Devon said, they do not want to share the road with road users who are not in motorised vehicles. Driving a motorised vehicle is a privilege, as it is a dangerous weapon in the wrong hands if not used properly. We cyclists have every right to use the road and should not be treated with the contempt that most motorists show us. How many of us have suffered abuse from people winding down the windows as they overtake us because we are slowing them down to tell us that we should pay tax as a cyclist—which we do anyway—or should not be on the road at all? Sometimes, in rare cases, they take action they think is appropriate and try to run us off the road. Many of us have experienced that horror.

Justice for cyclists involved in these collisions is really important, especially when a motor vehicle is involved. We want the points we made in our report to be implemented as quickly as possible to help more people cycle on roads, walk and get involved in active travel.

[Caroline Nokes (in the Chair)]

I repeat my request for Members not to sail too close to the wind when it comes to the sub judice regulations.

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[Bill Esterson (Sefton Central) (Lab)]

It is a pleasure, Ms Nokes, to have you here in the Chair today.

I congratulate the hon. Member for North Devon (Selaine Saxby) on securing the debate as well as everyone who has taken part in it. The strength of feeling from everyone who has spoken has come across extremely well, including in the personal stories and those told on behalf of constituents who have been victims of road accidents. I completely agree that referring to “road accidents” is exactly right, considering what happens on our roads. There has been a sense that driving offences are not viewed as as serious as they are in reality; that has come across loud and clear. I also congratulate the APPG on its work, as well as Roadpeace and the other charities mentioned today.

I want to mention some personal stories of my own. A friend of mine decided to return to cycling recently. On his first outing on his bike, he hit a pothole and was badly injured, and he has not been able to go back to work. I mention that incident because one of the issues that has not come up today is the need for decently repaired roads. Before I move on to what others have said, let me briefly say that road safety, in its widest sense of ensuring that we can all travel safely on our roads, means investing in proper repairs. I am glad that we are going to see some more money for repairs after the cuts—indeed, the halving of the budget.

[Caroline Nokes (in the Chair)]

May I gently remind the shadow Minister that the title of the debate is “Victims of Road Traffic Offences: Criminal Justice System”?

[Bill Esterson]

Indeed, and I will say why road repairs are relevant. In October 2023, the AA had the highest level of call-outs in any October ever, and accidents are sometimes caused by or related to poor road conditions. We still need justice, whatever the cause of an accident is.

I hope that we will see a proper level of investment in our road repairs, including—I say this gently to the Minister —the specification of a higher quality of sustainable repair. The technology exists, although it is not always applied. That is all I have to say on the matter of road repairs, but I wanted to refer to it because I think it is relevant to the debate.

The other personal story I have is about a motorcyclist, who is the friend of a friend. A driver pulled in front of him and he crashed, and is now in a coma. The prognosis is that he will never recover, because he is paralysed. I was reminded of his story while I listened to some of the others. I have no idea whether there will be a prosecution in that case. I will make no further reference to it, to where it happened or to who was involved, but it is a reminder that accidents cause life-changing injuries and even deaths.

In her excellent speech, my hon. Friend the Member for Birmingham, Erdington (Mrs Hamilton) mentioned the very high level of deaths on our roads—1,500 fatal injuries, as well as 130,000 casualties in Britain. We all have a duty to reduce that level of accidents, and I have mentioned repairs.

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[Bill Esterson]

Well, I was referring to what the hon. Lady said in her speech, but I think we are talking at cross purposes. I completely accept that it is correct to talk about “collisions”, and all I would say in response to her intervention is that this shows just how easy it is to slip back into calling them “accidents”. I accept her point, and I am happy to correct the record.

My hon. Friend the Member for Birmingham, Erdington told us how many deaths and how many casualties there are from collisions, and we all have a duty to reduce the number and to prevent them from happening. What we have so often heard today is that that is not happening. The way that drivers are allowed to continue is a real problem. My right hon. Friend the Member for Exeter (Mr Bradshaw) spoke in a previous debate about a driver who had been banned something like nine times, and went on to be involved in a collision in which somebody died. This is about the short nature of such bans, and that point has been well made. I welcome the Government increasing the length of bans, and we supported the amendment to do that in legislation that went through a few years ago. The question is: what more can be done? I very much welcome the recommendations made by the all-party group, and I am very keen to hear what the Minister has to say in response to them.

I will say a few things about what Labour wants to see. We have published our approach to government, with our mission to raise confidence in the police and the criminal justice system to their highest levels. We want to see 13,000 extra police on our streets, and to address the cuts in the police and in support staff. I know that the Minister will say that police numbers, having declined first, have increased again, but there has not been a return to the previous numbers of support staff.

As Her Majesty’s—now His Majesty’s—inspectorate of constabulary and fire and rescue services said in 2020:

“The number of dedicated roads policing officers has declined”.

It also said that they have been moved to addressing

“responsibilities for supporting general policing”.

That has to change if we are to support victims, investigate the incidents—collisions—that happen on our roads and deliver justice in a timely fashion. We heard about how long it is taking to bring one case to court; I think it was my hon. Friend the Member for Leeds North East (Fabian Hamilton) who made that point about a constituent. The challenge for us is to support victims and to ensure that justice is seen to be delivered, and that it is not delayed. There were 83,581 cases in a nine-year period where drivers were not disqualified due to mitigating circumstances. I think we should address the recommendation in the all-party group’s excellent report on mitigating circumstances.

I will quickly reiterate those questions for the Minister, because I am keen to learn whether he accepts the recommendations. Whoever is in government has a duty to seriously consider the requests.

[Caroline Nokes (in the Chair)]

Very quickly.

[Bill Esterson]

Indeed. We have 20 minutes left, but I do not intend to use many more of them.

Does the Minister support the all-party group’s 10 recommendations? Does he want escalating penalties? Does he agree that we should require retesting for those wanting to drive again following disqualification? What is his view on increasing the maximum sentence for dangerous driving to four years? What is his view on issuing guidance to police officers and increasing their use of bail powers so they can remove the right to drive from people arrested for dangerous driving? Does he agree that we should revisit sentencing guidelines so that exceptional hardship should be granted only in truly exceptional circumstances? What is his view on removing tolerances in speed enforcement, creating consistent guidelines for forces to investigate serious collisions, implementing a standardised system for third parties to report actual or suspected road offences, creating a UK commissioner for road danger reduction, and implementing guidelines so that victims of crashes are considered victims of crime unless there is clear evidence to the contrary?

The debate is about justice for victims. I am very keen to hear whether the Minister agrees that we really need to consider victims of road traffic collisions as victims, and that they should be covered by the victims code and other aspects of criminal law. Far too often, drivers who commit serious offences are not regarded by society as guilty of a serious crime. Everybody in this debate is calling for that to change, and I am very interested to hear whether the Minister agrees.

[Caroline Nokes (in the Chair)]

I am sure the Minister will want to leave a couple of minutes for the hon. Member for North Devon at the end.