Dangerous Driving Offences (Sentences)

Karl Turner Excerpts

Wednesday 22nd June 2011 Westminster Hall

[Karl Turner (Kingston upon Hull East) (Lab)]

I start by saying that it is a pleasure to serve under your chairmanship, Mr Hollobone, although to be perfectly honest I am not entirely sure yet whether it is, given that this is the first time I have had such an opportunity. I am grateful to be able to debate this issue.

Dangerous driving is a very serious offence, and the maximum sentence available to courts is nowhere near long enough, considering the impact on victims. I welcome the hon. Member for Broxtowe (Anna Soubry) to the debate. She is a member of the Bar and a very experienced barrister, who I think spent the majority of her practice defending criminals. However, considering her seniority at the Bar, it was probably a long time ago that she defended someone for dangerous driving.

This debate follows my introduction of a ten-minute rule Bill in the House on 14 May. The Second Reading is on 9 September, and I am happy that many right hon. and hon. Members from all parts of the House have come to me to say that they support my proposals.

There is a massive disparity in the law. The offence of dangerous driving is worth a maximum of two years’ imprisonment on conviction. The courts have the responsibility of discounting that sentence for an early guilty plea, and I agree that they should have that discretion. I am told that the average sentence is about 11 to 13 months. Sometimes, the injury caused to the victim is truly horrendous.

[Mark Tami (Alyn and Deeside) (Lab)]

I put in a petition on this subject regarding a young constituent of mine, Danny Evans, who was tragically killed. In the end, the driver pleaded guilty to a charge of careless driving, which I understand the police go for in many cases because it is easier to get a conviction. Danny lost his life and the driver got only 100 hours’ community service. The Government responded by telling me that they had no plans to change the law.

[Karl Turner]

I am very grateful for that intervention, and I am sure that the Minister has taken note of my hon. Friend’s comments. I hope that today’s debate will help the Government to rethink the policy that relates to this offence.

As I was saying, there is a large disparity in the law. Most of the time the victims suffer horrendous injuries, and the experience of being a victim is truly tragic in every conceivable way. The offence of death by dangerous driving carries, I think, a maximum 14-year sentence.

[Mr Mark Spencer (Sherwood) (Con)]

I congratulate the hon. Gentleman not only on securing this debate but on the other work that he is doing in this place to push this issue. Does he recognise the association between the unwillingness of people who commit this type of offence to secure insurance for their vehicles and the impact on the victims?

[Karl Turner]

I agree entirely with the hon. Gentleman’s remarks. It is true that people who tend to commit this type of offence are often not insured, and that says something about the standard of their driving. I am keen to explain that my proposal is not to lock up everyone for poor driving—careless driving is very different from dangerous driving. In my experience, dangerous drivers have very little regard for themselves and other road users, and often do not bother to take out insurance.

[Mark Pawsey (Rugby) (Con)]

I congratulate the hon. Gentleman on securing this debate. I want to refer him to the case of a constituent of mine who came into my constituency office last Friday to show me some absolutely horrendous photographs of a car that had gone straight out at a junction and into somebody’s wall, before demolishing my constituent’s car and sending bricks flying into their living room. Fortunately, it happened at an hour when the people in the house had retired to bed, so nobody was harmed. The driver was found to be driving under the influence of excess alcohol. The community order that was given to him was for 18 months for driving under the influence of excess alcohol, and he was disqualified from driving. However, for dangerous driving he received a community order for 18 months with costs of £80, and again he was disqualified from driving. My constituent’s mother wrote to me. I wonder whether the hon. Gentleman agrees with her, when she asks:

“What kind of message are we giving to deliberately drunken drivers if we let them get away with such piffling sentences?”

[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.

[Anna Soubry (Broxtowe) (Con)]

I congratulate the hon. Gentleman on securing this debate and on his efforts to reform the law. He clearly has considerable support from all parties, and we wish him absolute success.

The two-year sentence means that judges cannot reflect the serious consequences that often flow from someone who has committed the offence of dangerous driving, notably if causing injury. For what it is worth, I remember prosecuting a similar case in Derbyshire. Someone had suffered permanent damage to the legs, but the judge’s hands were tied in the sentence he passed. We really need reform in this area, do we not?

[Karl Turner]

Absolutely. I agree entirely with the hon. Lady, and welcome her remarks, which are right.

Before the election, I was defending a case of dangerous driving before the Crown Court—I was a pupil barrister in my local chambers, the Wilberforce chambers, which I mention because I hope for extra support from my head of chambers. I was enthusiastic, preparing the mitigation the night before, because I was excited to be appearing before a Crown Court judge—I had spent some years before that working for a firm of solicitors. I remember standing up with all that enthusiasm, beginning the mitigation and then seeing the expression on the judge’s face. I had seen the CCTV, because it was played in court, but the judge was looking at me and saying, “Stop there, please, because the maximum sentence is two years. He pleaded, with good advice, in the magistrates court, so I must reduce the sentence to 16 months as a starting point. I then have to reduce it further because it is not the worst case of dangerous driving that I have judged.”

I decided to stand up and have another go but, with the clear expression on the judge’s face, I gave in pretty swiftly. The maximum sentence was indeed 16 months in such circumstances, and the offender received 11 months. When I went down to see him in the cell, I did the usual thing and told him how absolutely brilliant I was, but then I began thinking about the seriousness of the case. His driving had been truly horrendous. The offender had smashed into police cars to evade detection by the police. He was risking not only his own life but the lives of everyone on that road. This incident happened in broad daylight. He drove past a school at 70 miles per hour. The serious nature of that made me understand why the judge was looking at me as though I was the lunatic rather than the defendant.

[Susan Elan Jones (Clwyd South) (Lab)]

I am concerned about the driving that causes death but is not classified as dangerous. Does my hon. Friend agree that the law needs serious revision? There was a case in my constituency in March 2009 when nine-year-old Robert Gaunt died of multiple injuries after being hit by a car while crossing the road in Overton. The driver of that car was unlicensed, uninsured and failed to stop. He did not report the incident, and he even tried to cover up the crime by having his car repainted and re-sprayed. He was handed a sentence right at the top of what was legally possible—a grand total of 22 months. Does my hon. Friend not agree that that was wrong?

[Karl Turner]

I agree entirely with my hon. Friend’s points. All Members will be able to raise similar cases. The hon. Member for Dartford (Gareth Johnson) was right in his comments. I know that he was an expert in road traffic cases before his election to this House, and perhaps he still is.

The offence of aggravated vehicle taking is another area that needs to be addressed. It currently carries a maximum sentence of two years. However, I should not digress, because it will cause some confusion not only to hon. Members in the Chamber but to my constituents.

My argument for increasing the sentence is to provide judges with discretion. I have spoken to senior judges and to my own Crown court judge, his honour Judge Mettyear, who said that an increase would be welcomed by every judge in the land. I trust judges. Sometimes I am not very happy with them, especially if I have had a bad result for a client, or if I have been prosecuting and I disagree with their judgment. None the less, I trust them, and they should have the discretion to redress the balance in these cases. The victims are truly shocked. They and their family have had the trauma of this horrendous incident, and then they see that justice has not been done. I hope that the Minister will take on board the points that I have made. I tabled early-day motion 1969 today, which I encourage all right hon. and hon. Members to sign.

In closing, let me make it clear that I am not looking to lock up people for poor driving. Sometimes people drive badly. My wife tells me that occasionally my driving is not very good. I hope that people do not think that I want to send people to prison. There are 30 million drivers out there, some of whom drive poorly, but this is not about that. This is about dangerous driving, which is an horrendous offence. I hope that the Government have listened carefully to the arguments that I have submitted today.