Causing Death by Dangerous or Careless Driving: Sentencing Debate
Full Debate: Read Full DebateTahir Ali
Main Page: Tahir Ali (Labour - Birmingham Hall Green and Moseley)Department Debates - View all Tahir Ali's debates with the Ministry of Justice
(1 day, 17 hours ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Barros-Curtis
I completely agree with my hon. Friend. She makes the point excellently; I totally endorse what she said and I am sure that the Minister was listening carefully. I look forward to hearing what he has to say about that.
I am aware that the suspension of driving licences was consulted on as part of the Department for Transport’s motoring offences consultation. That covered not just death by dangerous or careless driving but drink and drug-related offences. I ask the Minister to do everything he can to ensure that the Department for Transport carefully considers this question, and that of my hon. Friend the Member for Spen Valley (Kim Leadbeater), as it analyses those consultation responses.
Secondly, sentencing guidelines must be reviewed. The Government should examine guidelines for careless and dangerous driving resulting in death, ensuring that excessive speed, deliberate risk-taking, previous offending and disregard for safety receive appropriate weight.
I have previously spoken quite vociferously on the issue. Tougher sentences have to happen, with the revocation of licences for a very long period. Two lives were lost in my constituency: two months ago, we lost a 60-year-old man, and on the same stretch last year, we lost a 56-year-old. We have to look at the causes. If that includes people taking balloons, we have to restrict them from taking and being high on the gases in the balloons, but we also have to implement safety measures that would prevent cars doing 89 mph in a 20-mph zone.
Mr Barros-Curtis
I thank my hon. Friend for sharing those stories, I extend my greatest sympathies to the affected constituents who he so admirably represents, and I entirely agree with what he said.
Consistency is important, but it must not come at the expense of properly reflecting the circumstances of each crime. Relatedly, the Minister will know that the unduly lenient sentence scheme allows anyone to ask for certain Crown court sentences to be reviewed by the Attorney General’s Office if they think they are too lenient. The review is ultimately conducted by the Law Officers—the Attorney General or the Solicitor General—and if they consider that a sentence appears unduly lenient, they can ask the Court of Appeal to review it. However, only sentences passed in the Crown court in respect of offences triable only on indictment—that is, in the Crown Court—or those offences added to the scheme by subsequent order may be referred to the Court of Appeal. The offence of causing death by careless driving is not triable only on indictment and although there is a long list of offences that have been subsequently added to the ULS scheme by various orders, the offence of causing death by careless driving has not.
Following the sentence of Keely’s killer, Sian was mistakenly told by the prosecuting barrister and the Crown Prosecution Service lawyer dealing with the case that the sentence imposed might have been too lenient and that they would consider whether the matter should be referred under the ULS scheme. Regrettably, and for the reasons I have mentioned, that was a mistake. I wonder whether the Minister might reflect on that disconnect and say whether he will seek to inquire whether the offence of causing death by careless driving should be added to the ULS scheme.
Thirdly, the Government should consider whether legislative changes are needed to strengthen custodial sentences.
Tessa Munt (Wells and Mendip Hills) (LD)
I thank the hon. Member for Cardiff West (Mr Barros-Curtis) for securing this debate.
To pick up on something that the hon. Gentleman said, driving is a privilege. Allowing somebody who has killed or caused serious injury to another person to be able to return to the road immediately seems particularly injurious. I hope that the Minister will be able to address the hon. Gentleman’s call for automatic license revocation. The current situation feels incredibly lenient, especially considering that people have to wait a very long time for court cases to come around. The perpetrator can carry on with the rest of their life while the family is suspended in utter grief. My sense is that suspended sentences are not appropriate either, particularly in the case I am thinking of, where somebody has given a “no comment” interview to the police and chosen not to speak. It just seems so desperately unfair.
It has already been mentioned, but I also want to address the fact that there are people who are driving without insurance, tax or a valid MOT, but the police are so stretched that they cannot deal with those sorts of issue when they come along. Those “minor” infringements, as considered by those who commit them, only increase the likelihood of someone carrying on to behave more irresponsibly. I ask the Minister to look at what is happening in France and Ireland, our nearest neighbours, who take different views and actions. I am happy to send the Minister information on that.
I want to talk about one other aspect: how to prevent dangerous behaviour before it results in even one more death. I will concentrate on speeding and racing, which is a serious concern in my constituency. Between 2019 and 2024, 204 people were killed or seriously injured: 29 lost their lives and 175 suffered serious injuries. I am thinking about accidents that happened in Dinder, just outside Wells; in Blackford; and recently in the village of Ston Easton.
Those incidents are catastrophic, not just for the people who live nearby and the families but desperate for everyone involved. The people killed or seriously injured are not just statistics; they represent individuals, families and communities, whose lives are often changed for ever. I do not suggest that all those collisions involved speeding, but nationally excessive speed was a contributory factor in around one in five fatal collisions in 2024. That surely underlines why tackling excessive speeding must be central to any serious strategy to reduce road deaths.
It is great that the Department for Transport has published the first road safety strategy in over a decade, but we have a Justice Minister here. I ask him to work with colleagues in the Department for Transport to address my straightforward question. The strategy includes a welcome ambition to reduce deaths and serious injuries by 65% by 2035, but where will that 65% reduction will come from? Many in the road safety community question whether the currently proposed measures are sufficient to achieve that ambition.
The strategy is relatively light on specific measures to tackle serious and persistent speeding, despite recognising speeding as one of the fatal four causes of death or serious injury on our roads. Since that strategy was published back in January, there must be an urgent need to finalise the Government’s response to the consultations, set out a clear delivery plan and to begin implementing the measures that will save lives.
I attended an event here in the Houses of Parliament where I was interested to see the intervening intelligent speed assistant, or IISA. I recognise that technology is fitted to new cars, but this feature can be fitted to cars that are already on the road. I have asked for some, as I drive 25,000 miles a year, going in and out of 20, 30 and 40 limits regularly, and I do not wish to get any points on my licence. I should declare an interest there.
Unlike the intelligence speed assistance technology fitted to new cars, which can warn drivers when they exceed the speed limit but can be overridden or switched off—although it should not be—intervening technology can actively prevent a vehicle from accelerating beyond the legal limit. That is not a theoretical idea; it is already happening in Virginia in the United States. A programme was introduced this year that allows the courts to require certain speeding offenders to use vehicles that are fitted with speed-limiting technology, which is an advance. Transport for London has also demonstrated high levels of speed-limit compliance, using intervening technology in its bus fleet.
Can this Minister get Transport Ministers to reassure us that the Secretary of State’s officials have examined the progress being made in other jurisdictions using IISA as part of offender management? Might he take a slightly different angle and just ask why we would not do that rather than why we would do it. It seems that it has been demonstrated to be effective and practical, and it has the potential to save lives, so I think that we should trial it at least.
I return to the families whose experiences lie at the heart of today’s debate. They deserve justice. They also deserve to know that we are doing everything reasonably possible to prevent other families from suffering as they have suffered.
I agree with the hon. Lady that we welcome the target of 65% by 2035, but by 2035 we could have had at least two general elections if not more. This is not fair on the families who have lost loved ones. We need to reduce the number of deaths and serious injuries more quickly—more urgently—than 2035. If that target is set, perhaps it needs to be brought forward, into this Parliament, so that we can make a significant start on achieving that objective.