The Criminal Justice (NI) Order 2008 introduced offences of careless driving causing grievous bodily injury (‘GBI’) or death, and dangerous driving causing grievous bodily injury or death. The offences carry mandatory driving disqualifications and a very real risk of a custodial sentence, if convicted. For example: if convicted for dangerous driving causing GBI/death the maximum sentence is 14 years custody. The distinction between the offences will fall to the nature of the standard of driving.
In 2016, the then Justice Minister, announced a Sentencing Policy Review in Northern Ireland which focuses on the appropriateness of the legislative framework, inclusive of death by dangerous driving. This was reiterated by new Justice Minister in 2021. With a public consultation concluding in 2020, a pandemic and a 24-month governmental hiatus, the sentencing guidelines have not yet been amended. However, it is likely that this on the horizon.
The draft Report on Road Safety Strategy for Northern Ireland 2030 highlights the governmental and public rally to tackle road safety. A recommendation within this report was for the introduction of a fixed penalty notice for careless driving which was introduced in 2023.
The Road Traffic (NI) Orders of 1981 and 1995, and the Road Traffic Offenders (NI) 1996 cover common road traffic offences and penalties. Maximum sentences, for cases dealt with either summarily or on indictment, are provided for alongside penalty points and periods of mandatory disqualification. Current guidelines for Magistrates and sentencing guidelines for cases taken on indictment are available for the judiciary and practitioners.
Magistrates have specific sentencing guidelines detailing maximum sentences, aggravating/mitigating features, case law examples, alongside sentencing starting point after contest and the sentencing ranges. The guidelines, alongside experience, help practitioners assess the likely penalties for an offence which will often include an assessment of culpability and harm. The case law assists in providing a practical interpretation of the sentencing guidelines. The current statutory framework mandates discounted sentences if an admission is made at an early stage.
Statistics released by the PSNI for 2023 confirm [2]:
- 39,789 motoring offences detected and referred for prosecution.
- 5,058 injury road traffic accidents were reported.
- More than 18% of those resulted in death or serious injury.
- The most principal causation factor for casualties were inattention or attention diverted and by impairment of drugs or alcohol of the driver.
The potentially serious consequences that could flow from a conviction for a road traffic offence necessitates the early instruction of an experienced criminal solicitor to provide advice and assistance from the police station to the door of the Court.
Northern Ireland
On the one hand those developing strategies for punishment and rehabilitation take the view that custody may be counter-productive, and on the other, drivers – often ordinary hard-working members of the community, may face periods in jail following a mistake or oversight.
Scotland has no “suspended sentence”. So, jail means jail. With that in mind, the Scottish sentencing Council have recently issued guidance for sentencing in fatal road traffic cases.
Whilst high end dangerous driving can attract a sentence of 7-12 years, conversely a death caused by careless driving will likely not lead to a custodial sentence. Instead, an accused will receive a ban, measured in years, and probably require undertaking a period of unpaid work.
A point worth reflecting on in the context of possible imprisonment for causing serious injury by careless driving is the interaction of that possibility with the Scottish Sentencing Council’s guideline that applies to under 25s. While this guideline notes “the full range of sentencing options remains open to the court” when under 25s are being sentenced, the guideline says a custodial sentence “should only be imposed on a young person when the court is satisfied that no other sentence is appropriate” and “If a custodial sentence is imposed on a young person, it should be shorter than that which would have been imposed on an older person for the same, or a similar, offence”.
Whilst road traffic legislation is UK wide, the sentencing practices and regimes vary significantly from those in England and Wales.
Scotland
Causing serious injury by careless (or inconsiderate) driving is typically being dealt with before the Crown Court. Conviction can result in a custodial sentence of two years before the Crown Court or six months in the Magistrates' Court and incurs a mandatory disqualification from driving of a minimum of 12 months.
Maximum custodial sentences for causing death by dangerous driving and causing death by careless driving whilst under the influence of drink or drugs increasing from 14 years to life imprisonment.
The starting point for sentence on causing death by careless driving has been raised from a non-custodial sentence to that of a custodial sentence.
The introduction of a new offence of Causing Serious Injury by Careless Driving in June 2022 and a package of 12 new and revised sentencing guidelines for offenders convicted of motoring offences in England and Wales in July 2023, have further escalated the severity of punishments, with maximum custodial sentences for causing death by dangerous driving and causing death by careless driving under the influence now extending to life imprisonment.
These changes which have been largely driven by road safety groups’ campaigns, have seen a greater focus on the harm caused to victims and the extent of the dangerous driving, with life imprisonment sentences being passed where drivers have driven in a deliberately dangerous, prolonged or persistent manner.
The changes have also led to an increase in driving cases in the crown court which has in turn added to the burden of an already congested and backlogged criminal justice system.
Year ending June 2023 [1]:
- The number of prosecutions for motoring offences increased by 6% from 694,000 in 2022 to 733,000 in 2023.
- Prosecutions for motoring offences in which caused death increased by 31%, from 357 in 2022 to 467 in 2023.
- The custody rate for these offences fluctuated between 55% and 67% over the last 5 years and was 65% in 2023.
- Convictions increased by 5% in the latest year from 641,000 in 2022 to 673,00 in 2023.
These developments necessitate careful consideration by all stakeholders, given the heightened risk of custody and disqualification and underline the importance of early legal advice for drivers facing serious charges, especially given the statutory provisions for credit for an early guilty plea.
England & Wales
Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.
Increased scrutiny for road traffic offences
Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.
Rise in trials
The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.
Technological advancements
The number of drivers being sent to prison following a collision has significantly increased due to the new offence of causing serious injury by careless driving and the new sentencing guidelines in England & Wales.
Custody situation
Additional impacts:
Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.
Increased scrutiny for road traffic offences
Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.
Rise in trials
The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.
Technological advancements
The number of drivers being sent to prison following a collision has significantly increased due to the new offence of causing serious injury by careless driving and the new sentencing guidelines in England & Wales.
Custody situation
Additional impacts:
Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.
Increased scrutiny for road traffic offences
Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.
Rise in trials
The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.
Technological advancements
The number of drivers being sent to prison following a collision has significantly increased due to the new offence of causing serious injury by careless driving and the new sentencing guidelines in England & Wales.
Custody situation
Additional impacts:
Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.
Increased scrutiny for road traffic offences
Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.
Rise in trials
The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.
Technological atvancements
The number of people in custody is rising due to stricter sentencing practices and the emergence of the offence of causing serious injury by careless driving.
Custody situation
The scope for defended prosecutions and pleas for sentence mitigation has expanded. Consequently, the criminal justice system faces additional footfall in an already congested environment.
Court congestion
Additional impacts:
Select jurisdiction
Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.
Increased scrutiny for road traffic offences
Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.
Rise in trials
The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.
Technological atvancements
The number of people in custody is rising due to stricter sentencing practices and the emergence of the offence of causing serious injury by careless driving.
Custody situation
The scope for defended prosecutions and pleas for sentence mitigation has expanded. Consequently, the criminal justice system faces additional footfall in an already congested environment.
Court congestion
Additional impacts:
Select jurisdiction
Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.
Increased scrutiny for road traffic offences
Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.
Rise in trials
The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.
Technological atvancements
The number of people in custody is rising due to stricter sentencing practices and the emergence of the offence of causing serious injury by careless driving.
Custody situation
The scope for defended prosecutions and pleas for sentence mitigation has expanded. Consequently, the criminal justice system faces additional footfall in an already congested environment.
Court congestion
Additional impacts:
Select jurisdiction
The Criminal Justice (NI) Order 2008 introduced offences of careless driving causing grievous bodily injury (‘GBI’) or death, and dangerous driving causing grievous bodily injury or death. The offences carry mandatory driving disqualifications and a very real risk of a custodial sentence, if convicted. For example: if convicted for dangerous driving causing GBI/death the maximum sentence is 14 years custody. The distinction between the offences will fall to the nature of the standard of driving.
In 2016, the then Justice Minister, announced a Sentencing Policy Review in Northern Ireland which focuses on the appropriateness of the legislative framework, inclusive of death by dangerous driving. This was reiterated by new Justice Minister in 2021. With a public consultation concluding in 2020, a pandemic and a 24-month governmental hiatus, the sentencing guidelines have not yet been amended. However, it is likely that this on the horizon.
The draft Report on Road Safety Strategy for Northern Ireland 2030 highlights the governmental and public rally to tackle road safety. A recommendation within this report was for the introduction of a fixed penalty notice for careless driving which was introduced in 2023.
The Road Traffic (NI) Order 1995 and Schedule 1 of the Road Traffic Offenders (NI) Order 1996 provides guidelines for the judiciary and practitioners when assessing the minimum and maximum sentence for each offence. Thereafter, case law assists by providing practical interpretation of these sentencing guidelines. The responsibility of assigning the correct penalty to the offence is for the Judiciary.
Whether the case is prosecuted in the Magistrates or Crown Court, the starting point is for the Judiciary is to determine the seriousness of each offence which includes an assessment of culpability and harm, on a case-by-case basis.
Statistics released by the PSNI for 2023 confirm:
- 39,789 motoring offences detected and referred for prosecution.
- 5,058 injury road traffic accidents were reported.
- More than 18% of those resulted in death or serious injury.
- The most principal causation factor for casualties were inattention or attention diverted and by impairment of drugs or alcohol of the driver.
The serious nature of driving offences necessitates the early instruction of an experienced criminal solicitor to provide advice and assistance from the police station to the door of the Court. The current statutory framework allows for discounted sentences if an admission is provided at an early stage.
Northern Ireland
On the one hand those developing strategies for punishment and rehabilitation take the view that custody may be counter-productive, and on the other, drivers – often ordinary hard-working members of the community, may face periods in jail following a mistake or oversight.
Scotland has no “suspended sentence”. So, jail means jail. With that in mind, the Scottish sentencing Council have recently issued guidance for sentencing in fatal road traffic cases.
Whilst high end dangerous driving can attract a sentence of 7-12 years, conversely a death caused by careless driving will likely not lead to a custodial sentence. Instead, an accused will receive a ban, measured in years, and probably require undertaking a period of unpaid work.
A point worth reflecting on in the context of possible imprisonment for causing serious injury by careless driving is the interaction of that possibility with the Scottish Sentencing Council’s guideline that applies to under 25s. While this guideline notes “the full range of sentencing options remains open to the court” when under 25s are being sentenced, the guideline says a custodial sentence “should only be imposed on a young person when the court is satisfied that no other sentence is appropriate” and “If a custodial sentence is imposed on a young person, it should be shorter than that which would have been imposed on an older person for the same, or a similar, offence”.
Whilst road traffic legislation is UK wide, the sentencing practices and regimes vary significantly from those in England and Wales.
Scotland
Causing serious injury by careless (or inconsiderate) driving has brought with it the possibility of being dealt with before the Crown Court. Conviction could result in a custodial sentence of two years before the Crown Court or one year in the Magistrates' Court and incurs a mandatory disqualification from driving of 12 months minimum.
Maximum custodial sentences for causing death by dangerous driving and causing death by careless driving whilst under the influence of drink or drugs increasing from 14 years to life imprisonment.
The starting point for sentence on causing death by careless driving has been raised from a non-custodial sentence to that of a custodial sentence.
The new guideline for wanton and furious driving brings guidelines on circumstances where a cyclist causes death or injury.
Updated sentencing guidelines in July 2023 have escalated the severity of punishments. Maximum custodial sentences for causing death by dangerous driving and causing death by careless driving under the influence now extend to life imprisonment for offences committed after June 2022. These changes, driven by safety groups’ campaigns focusing on harm caused, particularly where drink and drugs are involved, have filled a long-standing void in the legislation.
The changes have also led to an increase in defended prosecutions and pleas for sentence mitigation, adding to the burden on an already congested criminal justice system. This is reflected in a 17% increase in dangerous driving convictions in England and Wales between 2021/2022 and 2022/2023.
• Year ending June 2023:
- 133,443 reported road casualties in Great Britain
- 22% of those resulted in death or a serious injury
- 717,000 prosecutions for motoring offences in England & Wales
- 660,000 convictions for motoring offences in England & Wales
These developments necessitate careful consideration by all stakeholders, given the heightened risk of high tariff motor prosecution and underline the importance of early legal advice for drivers facing serious charges, especially given the statutory provisions for credit for an early guilty plea.
England & Wales