Causing Death by Dangerous or Careless Driving: Sentencing

Debate between Tessa Munt and Jake Richards
Wednesday 28th October 2026

(1 week ago)

Westminster Hall
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Jake Richards Portrait Jake Richards
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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.

Tessa Munt Portrait Tessa Munt
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I regard this as a really serious matter. I hope the Minister will address potential suspension immediately after an accident, so that people are not driving around for a year, two years, three years, or four years while they await a court case. In the same way as a perpetrator of sexual abuse, domestic abuse or whatever has to say where they live, so that the local police know where they live, one could ensure that the local police are aware that person X is not permitted to drive for a period of five years, 10 years or even forever. The local police will be the people who pick that up.

Jake Richards Portrait Jake Richards
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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.

Jake Richards Portrait Jake Richards
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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.

Tessa Munt Portrait Tessa Munt
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I know that everybody has the right not to comment, but it is simply outrageous when that has no weight. It would be different if someone had had some sort of medical episode that meant that they were not able to remember what had happened, but where that is clearly not the case, and someone is advised by their solicitor not to comment throughout proceedings, it is really very tough on the families. Will the Minister consider that point and see if there is a way to put some weighting behind that? Will he also speak to the Victims Minister at the Ministry of Justice, because it happens repeatedly?

Jake Richards Portrait Jake Richards
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The hon. Lady raises a wider point about defendant conduct during a criminal investigation and how that should be taken into account in the sentencing. There are mechanisms by which that is done already. The judge considers a large number of factors, including whether the defendant has taken responsibility for their actions. If they have undertaken a “no comment” interview consistently, and simply not engaged with the criminal investigation process, that should be taken into account in sentencing.

Tessa Munt Portrait Tessa Munt
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I do not want to whang on, but I know that the Minister’s Department has looked just recently at what happens to people who refuse to come to court to hear their sentence, so clearly there is the ability to intervene in the process. I entreat the Minister to do something more.

Jake Richards Portrait Jake Richards
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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.

Oral Answers to Questions

Debate between Tessa Munt and Jake Richards
Tuesday 30th June 2026

(4 months ago)

Commons Chamber
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Jake Richards Portrait Jake Richards
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My hon. Friend is right that community initiatives are at the heart of how we confront knife crime and crime more generally. I credit the boxing gym in her constituency. I know that Dinnington boxing club does great work in my constituency, too, and I have been there on numerous occasions. Just last month we published the youth justice White Paper, and at its heart is ensuring that we involve children’s voices so that our interventions, as policymakers in this place and in government, are tailored to the challenges and issues that children are facing. She is absolutely right, and we are getting on with the job of doing it.

Tessa Munt Portrait Tessa Munt (Wells and Mendip Hills) (LD)
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13. What steps he is taking to make all court transcripts free for victims.

Oral Answers to Questions

Debate between Tessa Munt and Jake Richards
Tuesday 19th May 2026

(5 months, 2 weeks ago)

Commons Chamber
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Jake Richards Portrait Jake Richards
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My hon. Friend has been consistent in raising that important issue, and we are committed to ensuring sufficient education provision for prisoners. I would gently stress, however, that we can only provide that education if we are able to get prisoners into the classroom. We need to stabilise and get order back into the prison system after the chaos that we inherited, but this Government are absolutely committed to ensuring that prisoners have education and work opportunities on leaving prison.

Tessa Munt Portrait Tessa Munt (Wells and Mendip Hills) (LD)
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I represent a very rural area, and people have to drive many miles to get to a court. With fuel prices currently so high, why are ordinary citizens reimbursed for jury service at the rate of only 31.4p per mile for travel by car, yet the standard HMRC approved rate is 45p per mile? It does not cover the cost of travel, and penalises those who live in rural areas.

Jake Richards Portrait Jake Richards
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The hon. Member is a member of the Justice Committee, and she raises an important and practical point. The Government recognise the hugely important civic duty role that jurors play day in, day out across the country, and we will always keep remuneration and travel costs under review. We have heard the question.

Oral Answers to Questions

Debate between Tessa Munt and Jake Richards
Tuesday 17th March 2026

(7 months, 2 weeks ago)

Commons Chamber
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Tessa Munt Portrait Tessa Munt (Wells and Mendip Hills) (LD)
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3. What discussions he has had with his counterparts in countries to which foreign national prisoners will be returned on ensuring that prisoners serve the full term of a sentence handed down by the UK courts.

Jake Richards Portrait The Parliamentary Under-Secretary of State for Justice (Jake Richards)
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This Government are focused on removing foreign national offenders so that they are no longer a burden on the taxpayer. Strengthening prisoner transfer arrangements is a priority, and we are actively engaging with a number of countries to do that, so that more offenders can be removed and serve their sentences in their home countries.

Tessa Munt Portrait Tessa Munt
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I am not sure that that really answers my question. Let me set out the details of what I am asking about.

One of my constituents was murdered by a foreign national, which robbed her mother of her daughter and her mother’s grandsons of their much-loved mother. Her mother is very distressed to discover that the murderer is being repatriated a short while into his sentence, which was over 14 years, at which juncture she will lose what remaining input the family has into his parole arrangements, which was promised to her when the man was sentenced. What can the Minister say to reassure my constituents that, as victims, they will not see him released early in the country where he was born? What voice will victims have in situations like that in future?

Jake Richards Portrait Jake Richards
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The hon. Member raises an important point. This Government are committed to ensuring that, where possible, foreign national offenders serve their sentence outside this country. To do so, we have to engage in bilateral negotiations with countries to achieve proper and rigorous prisoner transfer arrangements. That is why I have had discussions with colleagues in Ghana, Nigeria, Albania and Poland in the last few weeks; indeed, last month we signed a new arrangement with Italy. We are working at pace to ensure that those agreements are as rigorous as possible. On the individual case that she mentions, I am very happy to meet her, and indeed her constituents, to discuss the details.

Oral Answers to Questions

Debate between Tessa Munt and Jake Richards
Tuesday 3rd February 2026

(9 months ago)

Commons Chamber
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Jake Richards Portrait Jake Richards
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My hon. Friend is a fine champion for her constituency, and has raised this case with both me and other Ministers on numerous occasions. Baroness Levitt, who is responsible for Parole Board hearings, will meet Ralph Bulger and his legal advisers this afternoon to discuss this very issue, and I am sure she will be able to offer some more substantive answers to my hon. Friend’s constituent’s question. I put on record my thanks to Ralph for his campaign, and am very happy to meet him or anyone else on this issue in due course.

Tessa Munt Portrait Tessa Munt (Wells and Mendip Hills) (LD)
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There is an 82-year-old man who has been in prison for 38 years. He was convicted of murder, and the trial judge in 1989 said that this was “not a violent process” and gave him a life sentence with a 15-year tariff, which expired over 22 years ago. He is repeatedly described as an exemplary prisoner. Because he has maintained his innocence over the past 38 years, he has not attended the prerequisite courses that would require an acceptance of guilt, so the Parole Board assesses his risk to the public if he is released as “unmanageable”, which seems ludicrous. Will the Secretary of State meet me to discuss the Parole Board’s repeated response to this situation and whether there should be some sort of system for those who maintain their innocence for a great number of years?

Jake Richards Portrait Jake Richards
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As the hon. Member is no doubt aware, I am unable to talk about the specifics of that case, but if she writes to me, I will make sure I get back to her with any details I am able to share.

Prison Capacity: Annual Statement

Debate between Tessa Munt and Jake Richards
Thursday 29th January 2026

(9 months ago)

Commons Chamber
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Jake Richards Portrait Jake Richards
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I was going to say that I thank the right hon. Gentleman for his question, but he sort of ruined it at the end. Shoplifting is a crime, and the Home Secretary made an announcement earlier this week about ensuring that we prosecute it. There is a presumption against short-term sentencing, but clearly we are not banning short-term sentences; they are vital in lots of cases, particularly in domestic abuse cases and for prolific offenders, which many shoplifters are.

Tessa Munt Portrait Tessa Munt (Wells and Mendip Hills) (LD)
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I welcome the Minister’s statement. He has said that the number of extra prison places created since July 2024 is 2,900, but can he say how many cells have been temporarily or permanently closed due to fire safety concerns and other maintenance issues? Can he also state what his Department anticipates will be the result of the Leveson review? Will the Justice Committee—on which I sit—receive his updated modelling, which includes these reforms, and will he come and speak to the Committee about these things?

Jake Richards Portrait Jake Richards
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I am very happy to come and speak to the Justice Committee as and when invited. The hon. Member raises an important point about fire safety; I do not have the exact figures to hand, but there are definitely issues with fire safety across the prison estate—of course, safety is the primary focus, but that has an effect on capacity and maintenance more generally. I am happy to write to her with those figures. As for the effect of part 1 of Leveson’s report and the forthcoming part 2, the modelling and assessments will be set out as and when the legislation comes before the House, and I am sure they will be sent to the Justice Committee as well.