Dangerous Driving involving Death: Sentencing

Conor McGinn Excerpts

Tuesday 17th October 2017 Westminster Hall

[Kevin Brennan]

Yes I do, as a matter of fact, and I extend my sympathies to my hon. Friend and her constituents in relation to that tragic case. The case I will try to develop in my argument is that it is not enough just to get parity of sentence. We need to look at what sentences are being handed out and why, and whether justice is being served by the system, whatever ultimate maximum tariff the Government decide is appropriate for this offence.

The details of this case are pertinent. As hon. Members know, the maximum sentence for death by dangerous driving has been raised in recent years to 14 years in custody. I note that in its guidelines, the Sentencing Council characterises a level 1 conviction for causing death by dangerous driving as

“a deliberate decision to ignore (or a flagrant disregard for) the rules of the road and an apparent disregard for the great danger being caused to others.”

Given that Sophie was deliberately and persistently chased through the streets of Cardiff and forced off the road in a way that ultimately led to her death, it seems to me that a level 1 sentence would have to apply in this case. However, although the starting point for a level 1 conviction is eight years in custody, Wheeler was sentenced to seven and a half years, which is just over half the maximum sentence available. My constituent Jackie Taylor’s understanding is that the guidelines available to the judge did not allow for the maximum sentence to be given, despite the obvious aggressive and aggravating factors in this particular case.

The Justice Secretary said in reply to a letter that I sent to him about this case that the courts must follow sentencing guidelines

“unless it is not in the interest of justice to do so”.

That leads to an obvious question: how could it be in the interests of justice to opt for a shorter sentence in a case such as the one that I have outlined? The sentence following Sophie Taylor’s death poses questions about the current frequency and circumstances of use of the maximum sentence that are particularly timely, given the Government’s announcement that they intend to increase the maximum sentence from 14 years to life in cases of death by dangerous driving.

The first issue is how often the maximum sentence is used. In my previous correspondence on the matter with the Justice Secretary, I asked how many maximum sentences for causing death by dangerous driving had been handed out in recent years. I noted that the Government press release yesterday containing the announcement on the maximum sentence said that 157 people were sentenced in 2016 for causing death by dangerous driving. In his response to the question I asked in my letter, the Justice Secretary—it is not like him not to respond to my direct question—simply said that the maximum sentence was rarely used. When the Minister responds, can he give us that figure? I looked carefully at the Government’s press release to see whether it was there, but it was not.

I say gently to him that such sensitive matters should be carefully proofread. The final point of the notes to editors in the press release says:

“The government will give further consideration to increasing minimum driving bans for those convicted of causing serious death.”

I know that that is an error, but an error so crass is not really acceptable in something so sensitive.

[Conor McGinn (St Helens North) (Lab)]

My hon. Friend is getting to the fundamental point. This week, Merseyside Road Safety Partnership announced a strategy to reduce road deaths dramatically by 2020, but I am sure he will agree that preventive measures are useful and good only if those who cause death by dangerous driving know that they will be dealt with harshly by the law.

[Kevin Brennan]

Justice should be served by the right sentence being given for the offence. There should also be an anticipation that offenders are likely to be caught and justice served upon them. My hon. Friend is absolutely right: if that is not clear, such offences will continue.

I hope that the Minister can at least give us that figure. The public are entitled to know. When my constituent, Jackie Taylor, read the Justice Secretary’s response, she said:

“I note that the right hon. David Lidington, CBE, MP mentions about the government in consultation on driving offences and penalties relating to causing death and serious injury, possibly increasing to life imprisonment. This will only deem as a deterrent, not deal with the offence committed. If 14 years has never been passed down to any individual for this charge, why would life imprisonment ever be used? If the Sentencing Council control what the judges can serve, and are recommending low guidelines in the criteria that the judges work with, then what difference would it make if it’s life?”

That is a reasonable question for my constituent, as a victim of this crime, to pose to the Government. I hope that the Minister can deal with it in his response to this debate.

Obviously, I am interested in how often the maximum sentence is given, as the Government’s consultation showed that 70% of respondents did not feel that the current maximum of 14 years was long enough. The Minister will understand that if the sentence of 14 years is hardly ever used, it raises the question how a new increased maximum would be used and why it was found to be necessary. Have the Government estimated how often they estimate the new maximum sentence is likely to be given, based on current experience and their consultation? Likewise, what effect does he think the new maximum will have on the average sentence for causing death by dangerous driving? If there is no answer to those questions, the obvious next question is what is the point of the proposed change.

In 2015, with a maximum sentence of 14 years, the average custodial sentence length was 57.1 months. Is it projected, as the Government anticipated, that that will increase in line with the new maximum? The second issue is the circumstances in which the maximum penalty is used. Maximum sentences and sentences of a similarly lengthy duration are rightly reserved for the most heinous crimes. I have outlined the horrible circumstances of my constituent’s death. Given that Wheeler was sentenced to just over half the maximum time in custody, the victim’s mother’s question is what someone would have to do for the maximum sentence for causing death by dangerous driving to be available, if it was not available in this case. How will that change as the Government change the maximum sentence?

As I mentioned, my constituent understands that the sentencing guidelines prevented the judge from giving Wheeler the maximum sentence; indeed, it was reduced by six months from the eight-year starting point. Sophie’s mother is concerned about how the sentencing guidelines operate. What assessment has the Minister made of how accountable the Sentencing Council is? I know that it is independent, but it should still be accountable for how it draws up its guidelines.