Causing Death by Dangerous or Careless Driving: Sentencing Debate
Full Debate: Read Full DebateJosh Dean
Main Page: Josh Dean (Labour - Hertford and Stortford)Department Debates - View all Josh Dean's debates with the Ministry of Justice
(1 day, 18 hours ago)
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Josh Dean (Hertford and Stortford) (Lab)
It is a pleasure to see you in the Chair this afternoon, Ms Lewell. I thank my hon. Friend the Member for Cardiff West (Mr Barros-Curtis) for securing this important debate.
Behind every road death is a family, a group of friends and loved ones who have been changed forever. Today, I want to speak about one such family from my constituency: the parents of Jess Waterman, who have joined us in the Gallery this afternoon, and whom the Minister kindly met earlier this year. On the evening of 19 February 2022, Jess’s partner—someone she knew and trusted—picked her up from the Watermans’ home in Bishop’s Stortford. He had never passed a theory test or practical driving test, and he took to the roads in full knowledge that he was not qualified to drive. He showed brazen disregard for Jess’s safety and the safety of other road users. He crashed that evening. When he fled the scene to avoid arrest, he left Jess behind, seriously injured. Tragically, Jess died the following day. She was three days short of her 21st birthday.
The police acted to apprehend the driver, but the outcome of this case raises serious questions about whether the law properly reflects the choices people make before getting behind the wheel, and the devastation that can follow when that goes wrong. The driver responsible for Jess’s death was convicted of causing death by careless driving rather than causing death by dangerous driving, and that distinction matters. Dangerous driving will generally involve driving that falls far below the standard expected of a competent driver. Careless driving can cover errors of judgment or lapses in attention. Driving without a licence is not simply careless. This was not a split-second mistake; it was a conscious decision taken before the journey ever began. It required premeditation. The driver knew that he was unqualified and that he should not be behind the wheel, but he chose to get behind the wheel anyway, with Jess in the car.
Jess’s death was treated in law as careless driving, in the same category as offences such as forgetting to get an MOT. As a result, in 2023 the man responsible for Jess’s death was sentenced to just four years in prison. Not only was he out of prison by early 2026 but, stunningly, he was caught driving again. Despite being handed a 10-year ban, he showed no remorse for the tragedy he brought upon the Watermans or regard for the one he might bring upon another family. He was rightly returned to prison. No parent expects to outlive their child, or to receive a phone call or visit from the police to tell them that their child is never coming home, but that is the reality that one driver’s actions have left the Waterman family living with every day.
Out of their loss, the Watermans have campaigned for change, calling for death caused while driving without a licence to be treated automatically as dangerous, and for stronger deterrents. They have worked tirelessly to ensure that no other family has to experience what they have endured, and I promised them I would do all I can to support their campaign and ensure that their voices are heard in the House.
As we consider these issues today, I ask colleagues to think about this: how can it be just that someone taking to the roads in the full knowledge that they are not qualified is not considered dangerous? How can we claim that there is a sufficient deterrent when Jess’s killer spent so little time in prison and immediately took to the roads again upon his release? We owe it to the Watermans, and to victims and their families, to ask in cases such as this whether sentencing powers properly reflect the profound harm that has been caused.
I stand with the Watermans as they call for a change in the law, and I thank the Minister for meeting us earlier this year. I would be grateful if he could update us on what actions he has taken, and if he would commit in this debate to working with colleagues in the Ministry of Justice and across Government to review whether causing a death while knowingly driving without a licence should automatically be treated as dangerous driving. The law should better reflect the poor choices made before a tragedy occurs and the consequences that families must live with forever.
I want to conclude by paying tribute to the Watermans. Out of grief, they have sought to make change and to protect others. I can honestly say that I cannot imagine showing the strength, determination and courage that they have shown, were I in their shoes. I am humbled by their commitment and their work, but they deserve more than just our admiration; they deserve our support. We must not fail to meet their call—for Sue, for Del, for their younger son, Jess’s brother, and, most importantly, for Jess.