Causing Death by Dangerous or Careless Driving: Sentencing Debate
Full Debate: Read Full DebateSiobhain McDonagh
Main Page: Siobhain McDonagh (Labour - Mitcham and Morden)Department Debates - View all Siobhain McDonagh's debates with the Ministry of Justice
(1 day, 17 hours ago)
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It is a pleasure to serve under your chairship, Ms Lewell. I congratulate my hon. Friend the Member for Cardiff West (Mr Barros-Curtis) on securing this debate on an issue that is particularly close to my heart, having seen two young women from my constituency lose their lives as a result of dangerous driving. I know that too many colleagues in this room will have supported families who have experienced similar tragedies.
I want to begin with the story of Lillie Clack, and the extraordinary work that her family have undertaken in her memory. On Christmas Day 2021, Lillie was a passenger in a car driven by a man who had been drinking. That driver, Charlie Hilton, was fleeing the police at speeds of more than 100 mph when he lost control of the vehicle and crashed into a tree. Lillie suffered catastrophic injuries and died three days later. She was just 22 years old. In February 2023, Hilton was sentenced to 10 years and six months in prison for causing death by dangerous driving and other offences, but no prison sentence can bring Lillie back or undo the devastation caused to her family. And Lillie’s death is far from an isolated incident.
Steve Yemm (Mansfield) (Lab)
This week marks a year since the death of Abigail Eggleston, the girlfriend of one of my constituents, in similar circumstances. She was killed by Liam Bowes in a hit-and-run incident. I am sure that the thoughts of all of us will be with her family and her partner, William Payne. Bowes was sentenced to 12 years in prison for causing death by dangerous driving. Does my hon. Friend agree that justice has to be delivered for victims of crimes like this, and does she welcome the Government’s commitment that those convicted of this crime, this offence, will not be eligible for early release, which would otherwise have effectively halved the time that Bowes would serve in prison?
I absolutely agree. I extend my condolences and, I am sure, those of all Members to Abigail Eggleston’s family that she died in such tragic circumstances.
According to the Stop Excessive Speeders campaign, between 2020 and 2025, 282 people were killed or seriously injured in road collisions in Mitcham and Morden, including five who lost their lives. Those figures seem extraordinary.
Another young woman from my constituency who lost her life as a result of dangerous driving was Aalia Mahomed. Aalia was just 20 years old and was studying at King’s College London. In March last year, she was sitting on a bench outside her university when a van mounted the pavement and struck her. She died at the scene. The driver, Christopher Jackson, subsequently pleaded guilty to causing death by dangerous driving and was sentenced to eight years in prison. Aalia had her whole life ahead of her. Her family have been left to come to terms with a loss that no sentence can undo. Her death is a reminder that dangerous driving threatens not only those travelling on our roads, but pedestrians going about their everyday lives. It is tragedies like these that have led families to campaign for change.
Since Lillie’s death, her mum Debbie and her auntie Donna have worked tirelessly to ensure that something positive comes from the unimaginable tragedy. I want to take a moment to recognise what Debbie has achieved. On what would have been Lillie’s 25th birthday, Debbie opened Lillie’s in the Garden, a beautiful tea room at Merton and Sutton joint cemetery. I had the pleasure of attending its opening, and I cannot speak highly enough of the wonderful space that Debbie has created. It is somewhere for people visiting loved ones at the cemetery to find comfort, and somewhere for anyone passing to enjoy a cup of tea, a slice of cake and a friendly conversation. I encourage any hon. Members who find themselves on Garth Road in Lower Morden to pay it a visit.
Through her charity Eyes Wet Now, Debbie is also working to support other bereaved families. It is a remarkable achievement and a wonderful tribute to Lillie. Debbie and Donna have also campaigned for the introduction of Lillie’s law, with more than 43,000 people having signed their petition. Their campaign has two demands: first, that a driver’s licence be immediately suspended following a fatal road collision, pending investigation, and secondly that anyone convicted of causing death by dangerous driving should be permanently disqualified from driving, whether or not alcohol was involved. Those proposals seek justice for those who have lost their lives; they are also about preventing further tragedy.
I want to recognise the extraordinary determination of Claire Corkery, who has been campaigning for justice following the death of both her parents. In January 2024, Tom and Sue Corkery were walking their dog in Bearsted, Kent, when they were struck and killed by a speeding driver. In a single moment, Claire lost both her mum and her dad. The driver, Scott Gunn, was subsequently convicted of causing death by dangerous driving and was sentenced to 16 years in prison, but it took over a year for Gunn to be brought before the courts. Throughout that time, he was legally permitted to drive, and he admitted in court that he had continued to drive. Even after his conviction, Gunn received a driving ban of just eight years. Claire is understandably concerned that he could return to the roads once he has served his sentence and his disqualification has expired.
Claire has also campaigned against the early release of dangerous drivers. She is determined to ensure that their sentences reflect the seriousness of the lives lost. Her experience demonstrates precisely why the two demands of Lillie’s law are so important.
I thank my hon. Friend for securing this debate. There are 4,154 people still on the road who have 12-plus points on their licence but who are not disqualified, on the grounds that it would cause disproportionate suffering to a third party. But what about the disproportionate suffering to families? Does my hon. Friend agree that that get-out needs reviewing?
I agree with my hon. Friend on that point.
Lillie’s law is campaigning for the power to suspend licences immediately following fatal collision, and for permanent disqualification for those convicted of causing death by dangerous driving. Claire’s determination, like Debbie’s, deserves recognition.
I recognise the important progress that the Government have already made. In August, the Government confirmed that those convicted of causing death by dangerous driving would be excluded from the new early release arrangements. Debbie Clack wrote to the Prime Minister personally to thank him for that decision. For a family who have endured so much, it meant a great deal to know that the seriousness of what happened to Lillie has been recognised.
I welcome the Government’s road safety strategy, which was published in January and which sets out an ambitious target to reduce the number of people killed or seriously injured by 65% by 2035. The strategy recognises the need for stronger action against dangerous drivers. It considers new powers to suspend the licences of those under investigation for the most serious motoring offences, resulting in death or serious injury. That is a significant step towards addressing one of the central concerns of Lillie’s law. I would be grateful if the Minister updated us on the progress of those proposals and on when we might expect to see them brought forward.
I also want to raise the question of permanent driving disqualification. I recognise that courts already have the power to impose lifetime driving bans. Will the Minister explain what consideration the Government have given to mandatory permanent disqualification, and whether further measures could be considered to strengthen the protection of the public?
The Government’s own road safety strategy makes an important point: holding a driving licence is not an automatic right. Principle should guide us as we consider how to protect people from the most dangerous drivers. I hope that the Minister will continue to listen to Debbie and families like hers, and work with them to ensure that we do everything possible to prevent another tragedy like those of Lillie, of Aalia and of Tom and Sue Corkery.
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.
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?
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.
Jake Richards
Critically, it is not for my Department to consider it, but the Department for Transport is certainly looking at it and is alive to the international evidence that has been raised by a number of Members. I cannot get ahead of what the Roads Minister will set out, but I will make sure that he has heard the contributions to this debate.
I thank hon. Members from all parties for raising difficult cases, particularly my hon. Friend the Member for Mitcham and Morden (Dame Siobhain McDonagh). I was not aware of the work that Debbie has done around Lillie’s tragic death, so it was very moving to hear about that, and particularly about the café, which so many people will enjoy in her memory. I am very happy to meet Debbie if that would be helpful to her—or, indeed, I will get the Roads Minister to meet her if that would be more beneficial.
Debbie and Donna both met the previous road safety Minister to discuss their case and their reasons for asking for licences to be suspended after an accident, and then for there to be a lifetime ban. I thank the Minister for offering to meet them. I am sure Debbie will be marching her way towards him as she hears him speak.