Causing Death by Dangerous or Careless Driving: Sentencing

Kieran Mullan Excerpts

Wednesday 28th October 2026 Westminster Hall

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

It is a pleasure to serve under your chairmanship, Ms Lewell.

I thank the hon. Member for Cardiff West (Mr Barros-Curtis) for securing the debate, and for the way in which he spoke about his constituent Sian and her daughter Keely; he made their case powerfully. Preparing for the debate has given me the opportunity to read more about Sian and her campaign, and about Keely. As the hon. Member described, Keely was just 15 years old when she was killed in May 2023, struck by a car while crossing the road. The driver was convicted of causing her death by careless driving and of causing death while uninsured. He was sentenced to 16 months in prison.

In my work with victims and campaigners, I have got to know that until we speak to a person individually, we do not always know the ins and outs of a case, and I would not want to say anything incorrect. However, I can say confidently that a 15-year-old girl died, a family have been changed forever and the sentence was measured in months, not years. I know how I would feel if my similarly aged niece was killed in the same circumstances, given the criminal background of the individual concerned. I want to speak out for Sian and the way in which she has campaigned. More than 11,800 people have signed her petition calling for tougher sentences and for changes in the way such cases are handled.

As other hon. Members have said, under the Police, Crime, Sentencing and Courts Act 2022, introduced by the last Government, the maximum penalty for causing death by dangerous driving and for causing death by careless driving while under the influence of drink or drugs was raised from 14 years to life imprisonment. I know that those were not the exact same charges involved in Keely’s case, but that penalty demonstrates an attempt to recognise such offences and the impact they have. However, as the hon. Member for Strangford (Jim Shannon) described, maximum sentences are one thing and what judges give is another.

I will talk about a family with whom I have worked directly and about whom I can speak more confidently. Glenn and Rebecca Youens lost their daughter, Violet-Grace, in March 2017 when she was four years old. She was walking with her grandmother in St Helens when a stolen car driven at 83 mph in a 30 mph zone hit them. Violet-Grace died and her grandmother was left with life-changing injuries. The driver fled the scene. He was later sentenced to nine years and four months, but because he pleaded guilty he received a reduction and was released after around four and a half years. As Glenn powerfully described, the driver spent less time in prison than his daughter was alive.

I have been proud to support Glenn and his family. They are part of a group called Justice for Victims. In what I hope will be an inspiration to Sian, they also launched a petition and campaigned vociferously in their daughter’s memory, and they were a big part of why the maximum sentence for causing death by dangerous driving was increased. I also mention them because, like so many of those mentioned today, they really understand what it is to not get justice: they cared deeply and loved someone deeply, and they live in a country where they expected that if you do the right thing and someone does the wrong thing to you, the system will deliver justice for you. You cannot bring somebody back, but you do not want revenge; you want justice.

The concerns in these and many other cases demonstrate that, for many decades—this is not about one Government or another—the justice system in this country has not been delivering justice anywhere near as often as it should have been, particularly for serious offences and serious offenders who commit crimes again and again. During our time in government, we took some steps to try to address that. We did so in a major way by rolling back the automatic release point from halfway to two thirds of a sentence for some offenders. We have talked today about sentences, but we have to remember that the time someone spends in prison can be very different from the sentence that was passed down in court. Prior to that change, essentially everybody except those serving a life sentence served only half their sentence, so that was an important step.

Since then, this Government have taken a sledgehammer to victims’ ability to get justice by introducing even earlier release, at the one-third point of a sentence, for offenders sent to prison for most crimes. Prior to the later changes that we managed to help secure, offenders just like the person who killed Sian’s daughter would have been asked to spend only a third of their sentence in prison. That was disgraceful, and the Government’s aim was to make the release point even earlier, not just for those responsible for causing death by dangerous driving, but for those committed of rape and a whole series of other very serious crimes—this Government attempted to let them out of prison earlier, too.

The hon. Member for Cardiff West talked about whether Parliament listens enough. Very many MPs from different parties did listen to what people said about that and attempted to stop the Government doing it.

[Dame Siobhain McDonagh]

Is the hon. Member prepared to give credit to my constituent Miss Corkery, who campaigned tirelessly for death by dangerous driving to be excluded from the early release scheme, and to recognise that she and other campaigners were successful?

[Dr Mullan]

Yes, I will go on to speak about that in detail.

It is important for people watching and listening to the debate to know when the Minister gets up and gives us lots of warm words that he is the Minister who argued specifically to let people just like the gentleman involved in this case get out of prison after serving just a third of their sentence. It was only as a result of campaigners like Sian and the person that the hon. Member for Mitcham and Morden (Dame Siobhain McDonagh) mentioned, who fought the Government and had to tell their stories again and again in public, which I am sure Members know is a deeply traumatic thing to have to do, that the Government were forced into U-turning.

All this was based on a set of plans for an independent review that did absolutely nothing to engage with what victims actually want from sentencing policy when it comes to justice. As I said, this issue has gone on for decades. There was an opportunity to grapple with it properly and seek to understand why there is such a big gap and why we see these campaigns again and again, in relation to not just driving offences but a whole series of offences where victims feel so badly let down. Nothing was done to engage with what victims actually want from sentencing. Even today, the Government describe those early releases as “earned releases” when in fact they are automatic. These people automatically walk away from prison even earlier. Thank goodness that because of the campaigners, that does not apply to those more serious offences. I welcome that.

It is not only on this issue that Parliament sought to improve the situation. A new clause tabled during the passage of the Sentencing Act 2026 would have provided for automatic disqualification of those convicted of causing death by careless or dangerous driving. Hundreds of MPs clubbed together to defeat that amendment, including, I am afraid, some of those who have spoken in this debate in support of the people who have been affected by these sorts of cases. I understand that the hon. Member for Cardiff West actually did not oppose that measure and saw the sense in it that many other MPs saw. I congratulate him on that.

The Minister has to answer some basic questions. Do the Government believe that the current sentencing framework and the way it has been applied properly reflect the seriousness of causing somebody’s death through dangerous or careless driving? If the answer is yes, the Minister must explain why so many families and members of the public believe otherwise; if the answer is no, he needs to tell us what the Government intend to do about it.

Other Members have described things that the Government could do in the short term that we support. The ULS should absolutely be extended to those who cause death by careless driving—surely, if an offence was so serious that it led to the death of a person, it should be eligible. We continue to want to see automatic disqualification of those convicted of causing death by careless or dangerous driving. There is absolutely merit in providing the police, for example, with an opportunity to ensure that someone’s licence is temporarily revoked as they consider the facts on the ground. The police seek bail conditions to restrict what suspects can do prior to conviction all the time, and I see no reason why that should not also be applied in this case.

There is a broader question that this Government and previous Governments have failed to grip and sort out. With these serious offences, there is a massive, yawning gap between the justice that the public, and victims and their family members, just like Sian, want to see, and the justice that they actually get in court. The Opposition have committed to seeking to address that if we get back into government, but whichever party is in government, we have to finally grip this—even if it is difficult or expensive—so that we do not see victims of serious crime deeply let down, again and again, by a system that they expect to be there for them.

--- Later in debate ---

[Jake Richards]

I look forward to Debbie marching into my office. Victims do not want to meet with a conveyor belt of Ministers from all different Departments. It is important that we have those meetings, because it is important that victims are heard and it is important for us to understand that behind every statistic in every paper we get to read in our ministerial boxes is a human life and a human tragedy, and I look forward to meeting her in due course, but what victims want is action. I hope that as I develop my speech, she will be reassured that we are taking these issues seriously and taking action.

Many other Members, some of whom made interventions and are longer here, raised important cases. It struck me, having been a Member of Parliament for only just over two years, that MPs get exposed to aspects of our country that normal citizens perhaps do not, and one of them is the prevalence and tragedy of road deaths. MPs are often notified if there has been an accident or if a criminal offence committed on our roads has led to a serious injury or death, and that happens far too regularly in our country. When you meet the families, as I have done in my Rother Valley constituency, it stays with you. I am determined to play my role to try to bring about safer roads.

I turn to the sentencing framework, because there has been some conflation of death by careless driving and death by dangerous driving. I am certainly not trying to educate Members, but it is my responsibility to set out the regime as it is today. Hon. Members know that sentencing within the framework that is set out in legislation is rightly a matter for the independent courts. Judges consider the facts of each case, weigh up any aggravating and mitigating factors, and follow relevant Sentencing Council guidelines before arriving at a sentence that is just and proportionate.

Some of the issues that have emerged in this debate are perhaps less about sentencing—although some certainly are about sentencing—than about the charging decision. I discussed this with my hon. Friend the Member for Hertford and Stortford and the Watermans. The CPS charging decision—the decision about what offence a defendant is charged with—is, and obviously should be, made independently of the Government, but the victims need to be involved in that decision. I am not saying that the CPS should do what they say, but it should involve them and communicate and engage with them. Too often, I meet victims of road traffic offences and other offences who simply have not been engaged with at all. I am talking to the Victims Minister to ensure that the CPS, where it can and where it is appropriate, is communicating with victims to make sure that the charging decision is the right one.

The law must reflect both the harm caused and how responsible the offender was for causing it, because while two drivers can cause the same terrible outcome, they may have done so through very different actions. That does not, of course, make one family’s loss any less than another’s, but the law has to distinguish between those different levels of blame.

Let me turn to the offences themselves. The most serious driving offence is causing death by dangerous driving. That is where someone’s driving falls far below the standard expected of a competent and careful driver, and where the danger should have been obvious. We are talking here about things such as excessive speed, racing and dangerous overtaking. For offences committed since June 2022, as mentioned by the spokesperson for the official Opposition, the hon. Member for Bexhill and Battle (Dr Mullan), the maximum sentence for causing death by dangerous driving is now life imprisonment. There is also a minimum five-year driving disqualification and a compulsory extended driving test before an offender can return to the road. Those are tough penalties, and rightly so. They give judges the power to impose the most serious punishment in the very worst cases. There is also the offence of causing death by careless or inconsiderate driving. That covers driving that falls below the expected standard but does not reach the higher threshold for dangerous driving. The maximum sentence is a five-year imprisonment, alongside a minimum 12-month driving ban.

I raise the issue of the CPS because, of course, what the defendant is charged with is what the judge and the court can deal with. The charging decision is often just as important to get right for victims, families and wider society as the final sentencing, which then may not seem fair or sufficient to victims. The distinction between dangerous and careless driving is really important in our law, although of course I recognise that it is difficult for grieving families to accept that when, clearly, the loss they have suffered is exactly the same.

I want to deal with some of the specifics that have been raised in the debate, in particular by my hon. Friend the Member for Cardiff West, about driving disqualification and whether there should be automatic disqualification—I think the hon. Member for Wells and Mendip Hills (Tessa Munt) also raised that. That is part of live discussions that I have had with the Department for Transport. It strikes me—I am very happy to put this on the record—that I have come across too many cases where driving disqualification is not taken seriously as part of the punishment. Often, a ban runs concurrently with a prison sentence, so there is the absurd situation that someone obviously cannot drive while they are in prison, and then they get out and they have never had any disqualification from driving at all.

I raised this issue in a meeting with the chair of the Sentencing Council; perhaps it was after the meeting with the Watermans that I raised it personally with the chair. I am not breaching any state secrets when I say that she was not persuaded, but I have asked the Sentencing Council to look again. The DFT is looking at the evidence to ensure that we have evidence-based policy, and I will continue pushing to see how we can ensure the judiciary use driving disqualification in a more muscular fashion.

The judiciary has the power to act. In this case, there is an issue about automating, but the judiciary has the power to implement lifelong driving bans, yet too often they seem not to be considered. I am not criticising our independent judges—I would never do that—but we must consider what we need to do as a Government and as a Parliament, while also considering the Sentencing Council’s role, in pushing this issue forward.

[Dr Mullan]

Just so the public can understand, there is a sentencing framework and judges have a role in applying that framework, but it would be totally within Parliament’s remit to make a ban mandatory—to make it automatic. We could do that. Indeed, a number of MPs voted for that last year, but it was blocked by the Government.

[Jake Richards]

The hon. Gentleman is absolutely right to say that Parliament could pass a law to introduce an automatic driving ban, but I think he was referring to a ban after conviction for dangerous driving. Automating such a ban before conviction would be more complex.

There is a general principle. As a Government, like Governments before us, we try to allow judicial discretion. Every case is different. I accept the hon. Gentleman’s point; I am not trying to hide from the argument. The judges have the power. We need to get and understand the evidence on how often they use it and why they are not using it. Legislating to force judges’ hands can lead to further absurdities and injustices in very different ways. We allow judicial discretion because every case is different, but as I say, I accept the point.

[Jake Richards]

The hon. Lady is right to raise the duration of the period before trial or conviction; too often, it is far too long, but solving this problem is not as straightforward as potentially suspending someone immediately after the event. As she is no doubt aware, often very complex investigations have to take place. Of course, suspension can be a bail condition, and I am trying to assess why in too many cases it is not used.

I remember a case raised with me by my hon. Friend the Member for West Bromwich (Sarah Coombes), in which someone had been bailed for causing death by dangerous driving—I think that is correct. They immediately got in a car and were convicted of drunk driving just a few hours later. That is absurd. More generally, we have to start taking driving offences, whether they are low level or high level, more seriously. The road safety strategy seeks to do that, and we want to get on with it. I am pushing the Roads Minister to work with me to make sure that seriousness of these offences is reflected in sentencing guidelines as much as possible.

As well as sentencing, my hon. Friend the Member for Cardiff West spoke about graduated driving licensing. I hope I have dealt with that issue; it is on the agenda. It is very much a DFT issue, so I do not want to comment too much on it.

On sentencing guidelines, I am in a constitutional dialogue with the Sentencing Council on lots of issues and that is one of them. I will be careful what else I say about it, but I am very much alive to it.

I am also very alive to the ULS scheme. The Law Commission is working on the ULS scheme, as my hon. Friend no doubt knows from his time working with the Law Officers. We need to assess whether death by careless driving should be added to the list of offences that can be considered under the scheme. I can commit today to doing that.

[Dr Mullan]

Will the Minister write to the Law Commission and ask it to ensure that it considers that issue as part of its review?

[Jake Richards]

I am happy to write to the Law Commission to ask whether to consider that specific issue. I am going to consider it anyway. I want the Law Commission to do it—evidence would be helpful—but we will work with the Attorney General’s office to do that none the less. There will no doubt be some effects to that, but let us see what we can do.

My hon. Friend the Member for Cardiff West talked last about prevention. Again, at its heart the road safety strategy tries to reach its 65% reduction target by through prevention. There is a serious amount of investment. This is the first road safety strategy in a decade, and it is backed with, I think, £18 million in prevention work, which is not an insignificant sum. We would like to do more, but I know that my hon. Friend the Roads Minister will work hard.

In terms of other questions from Members about the road safety strategy more generally, it is not my strategy, so it is difficult for me to comment on timings and when that will be. I will ask my hon. Friend the Roads Minister to write to Members who have raised specific questions and make sure that my office gets in touch with him on that.

--- Later in debate ---

[Jake Richards]

I think the Lord Chancellor announced last week further action on getting defendants to face up to their actions as much as is possible. Frankly, that is what we are talking about. We cannot force a defendant to give answers if they do not want to, but that can certainly be reflected in the sentencing regime, and it is reflected in the sentencing regime. If there are any other suggestions about how we can go further, I would be more than happy to hear from the hon. Member for Wells and Mendip Hills, as a member of the Justice Committee. She always gives me the signal that she will write to me, and I look forward to responding to her in due course.

[Dr Mullan]

On my central question, as does he, as a Justice Minister, think that the justice system is consistently delivering justice for victims of these and other serious offences?

[Jake Richards]

No. Too often, families feel let down by the justice system in lots of different ways, whether by the final sentence, by the way they were treated, or, in the case that my hon. Friend the Member for Cardiff West raises, by misinformation being given about options at the end. That can cause huge damage. I am not criticising the individuals in that case; they are hard-working individuals and it is a complex area of law. We just need to get some of the basics right to make the system as amenable as humanly possible for victims when they are navigating the most traumatic time in their lives. Too often it is not. I accept that point in relation to sentences as well. We are in a complex constitutional relationship. I am not going to criticise independent judges or the sentences given in any individual case—it would be wrong of me to do so—but I accept that too often victims feel that justice has not been done.

When I knock on doors in my constituency, road safety is top of my constituents’ priority list, and that is the case in so many places, especially in rural villages, as the hon. Member for Cardiff West said. There is a real disconnect between the prioritisation of road safety and how often we talk about it in this place. If we can all do our bit to raise these issues—with me, but also across Government—we will be doing a service to the country and even more so to victims. I thank everyone here today, particularly those in the Public Gallery. I look forward to continuing this discussion and to taking action in the coming weeks and months.