Dangerous Driving

Judith Cummins Excerpts

Monday 8th July 2019 Westminster Hall

[Judith Cummins (Bradford South) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Moon. I thank my hon. Friend the Member for Warrington North (Helen Jones) for opening the debate so eloquently on behalf of the Petitions Committee.

I begin by paying tribute to the family of Violet-Grace, who, tragically, was killed by a dangerous driver in March 2017 aged just four. Her mother and father, Rebecca and Glenn, started this petition when the driver, who mounted the pavement in a stolen car before fleeing the scene and subsequently the country, was sentenced to a derisory nine years and four months in prison.

Violet-Grace’s killer was convicted of causing death by dangerous driving. I, along with many other hon. Members and campaigners, have long campaigned for reform of the sentencing guidelines for that offence. As it stands, the maximum sentence for causing death by dangerous driving—driving that falls far below the expected standard—is just 14 years. As we have seen in this and many other cases, killer drivers too often are given considerably less than 14 years.

It is not right that people who drive recklessly, with no regard for human life, and cause death and serious injury get away with lenient sentences because our sentencing guidelines are not tough enough. That is why I warmly welcomed the Government’s announcement in October 2017 that they would bring in tougher sentences for drivers who kill someone by dangerous or careless driving, as well as a new offence of causing serious injury by careless driving.

My simple question to the Minister is this: it is nearly two years on, so where are those tougher sentences? The Government have said repeatedly that they will bring forward legislative proposals “as soon as parliamentary time allows”. I sincerely hope that we do not hear that phrase from the Minister today. As we all know, there has been ample parliamentary time in recent months for these changes to be discussed, debated and implemented. One could fairly conclude that the Government, having announced they intended to introduce those tougher penalties, have now changed their mind. That is an appalling way to treat families affected by this terrible crime.

I have used this quote before, but I will read it again. It is from a family member of an 81-year-old man who was killed by a speeding driver in 2017:

“The Government’s delay in implementing tougher penalties has denied my family the justice that we need...The Government has a duty to families like mine to ensure that justice is delivered by bringing in these new laws now, not several months or years down the line. There can be no excuse.”

That is exactly right: there can be no more excuses. Many in the Chamber will know the lasting pain and loss of losing a loved one so brutally. I struggle to explain to bereaved relatives in my constituency why the Government are choosing to delay. The Minister should either announce today when he intends to bring forward proposals for tougher sentences for Parliament to consider, or else be honest, say that the Government no longer intend to do so and explain why.

Judges recognise the inadequacy of the current sentencing guidelines and want to be able to hand down tougher sentences so that the law of the land reflects the severity of the crime. As it stands, families are being let down and denied justice, and the Government’s inaction is making their suffering worse. The Government may be in their last weeks, but they still have time to right this wrong and get these changes on to the statute book. I ask the Minister today to leave a legacy for this Prime Minister’s Government and introduce tougher sentences without delay.

--- Later in debate ---

[Robert Buckland]

I certainly was not suggesting in any way that hon. Members of any party would want to impede such a Bill. The point that I seek to make is that we can achieve this with broad and deep consensus. I absolutely take the hon. Lady’s point and embrace what she says; having listened carefully to her speech, I know that she comes at the issue with entirely the right and appropriate sense of inter-party and intra-party co-operation, and I am very grateful to her.

[Judith Cummins]

The point that speaker after speaker has made is “When? Not how, but when?”

[Robert Buckland]

I am grateful for the hon. Lady’s contribution in her speech and intervention. I ask the question “How?” simply because it can very often be an issue for all of us, so ignoring it and trying to pretend that it is not an issue would perhaps be an easy way out for me as the responsible Minister.

I want to get on with this, and I know that all hon. Members present, as well as those with an interest who cannot be with us today, want to get on with it. I accept that we owe that not just to the families of those who have already been bereaved, but to future potential victims. I say that—I hope with sufficient force—because I have seen from my case experience as Solicitor General the problem with the current maximum.

I am grateful to the hon. Member for Coventry North East (Colleen Fletcher), who quite rightly mentioned the appalling case in her constituency. I became very familiar with that case because I dealt with the unduly lenient sentence reference myself; I felt that there was such a strong public interest to be served that I appeared before the Court of Appeal as Solicitor General and presented the case myself. I am glad that in that case Sir Brian Leveson, the then president of the Queen’s bench division—he has just retired, but during his long and distinguished career he took a keen interest in these cases—rightly increased the sentence to 10 and a half years.

I argued on behalf of the Crown in that case that there was justification, in cases of causing death where there were multiple fatalities, to depart from practice and to impose consecutive sentences. I felt that would be an acknowledgement of how, in cases of such seriousness, that was the only sufficient way for the court to reflect the gravity of the offending. The Court of Appeal did not accept my submissions. Therefore we are back in the position where, without an increase in the maximum sentence, the totality of the offending cannot be adequately reflected when, for example, there is more than one fatality, the driving conduct was particularly aggravated or there is aggravation because of previous convictions.

Therein, perhaps, lies some of the answer to the concerns expressed by families: that the total criminality is often not reflected by the level of the sentence. Sentencing precedent and guidelines allow that to be done when the principle of totality of sentencing is applied. Even though a charge is recorded on a particular offence that might not have merited a separate penalty, the offending should and must be taken into account when assessing the totality of the sentence. That might include having no insurance. Driving offences of that nature should be reflected in the overall sentence passed on the lead offence, which would often be the most serious matter.

I want to deal with each, in turn, of the excellent contributions that we have heard today.