Dangerous Driving Offences (Sentences)

Gareth Johnson Excerpts

Wednesday 22nd June 2011 Westminster Hall

[Karl Turner]

I agree entirely with those remarks, which are absolutely right.

For me, this issue is about redressing the balance for victims of these horrendous offences. The standard of driving required for dangerous driving is that the driver needs to drive far below the standard of an ordinary competent driver. I am not talking about pulling out of a driveway, failing to look right and having an accident. I am talking about getting into a car and driving like an absolute lunatic—very often, that is the case—including driving around roundabouts the wrong way or even over roundabouts. We have seen the CCTV footage of such driving on numerous occasions. The standard of driving is absolutely horrendous in every possible way.

I suggest that the maximum sentence for dangerous driving should be seven years, rather than what was suggested in the previous Government by a colleague of mine—I think that there was talk of increasing the maximum sentence from two years to five years. The offence of causing death by careless driving has a maximum sentence of five years. I am sure that the families of the victims of that offence would feel dreadful about that sentence. I am sure that the families of victims are absolutely outraged at what has been described to me as such a “paltry” sentence. But the culpability for that offence, in my view, is much less than for dangerous driving per se. I want to emphasise that point.

Members of all parties in the House will have constituents who have raised this issue with them; I suspect that the issue has been raised with them on more than one occasion. I have a constituent, Katie Harper. She was the victim of dangerous driving. Unfortunately, for whatever reason—I make no criticism of the police and the Crown Prosecution Service—the offender was not brought to justice. He was charged with dangerous driving but the case was dropped. When I spoke to Katie’s father, he said that that was an absolute travesty and that that driver should have gone to prison for a long, long time. So I put the question to him, “How long do people think he would have got if he had been convicted?” He said, “Nine years?” I said, “No.” He said, “Ten years?” I said, “No.” He said, “Twelve years?” I said, “Absolutely not.” His daughter had been studying English at the university of Hull, but she is no longer studying English and she has been told that she may never walk properly again. Her father was absolutely horrified to learn that, in my opinion, the sentence for the driver—if he had gone to prison at all—would have been something like nine months, if he had no previous convictions.

[Gareth Johnson (Dartford) (Con)]

I congratulate the hon. Gentleman on identifying this anomaly. I used to specialise in road traffic law, and this is not the only anomaly that exists within current road traffic legislation. I wonder whether he is aware that if, for example, a new driver gets more than six penalty points, they have to retake their test, but if they are disqualified from driving they do not have to retake their test. Also, if someone commits the offence of failing to stop after an accident in which they have killed someone, the maximum sentence available at the moment is six months’ imprisonment. Is he aware of those anomalies, in addition to the one he has so creditably identified?

[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.