News In Focus
6 August 2007
Sentencing body's work delays law change
The implementation of a new law to deal with those who cause death by careless driving has been delayed because of uncertainty over how it will be integrated with existing road safety laws in England and Wales, according to a report in today's Scotsman.
The offences of causing death by careless driving, or driving while unlicensed, uninsured or disqualified, were created in the Road Safety Act 2006, which received Royal Assent last November. The Sentencing Guidelines Council is currently considering how the law will apply in courts in England and Wales. It had been predicted that the new offences would come into effect this autumn, but government sources now admit they do not have a clear date.
The new measures were opposed by legal interests because they focus on the results of the offence, breaking with the normal rule of punishing according to the level of fault of the offender. This is likely to make the law difficult to apply consistently with that covering other offences.
The Scottish Executive is pushing its counterparts at the Ministry of Justice to introduce the new offences as soon as possible.
The new offence of causing death by careless driving will carry a maximum five-year prison sentence. At present jail is not an option for an offender convicted of careless as opposed to dangerous driving. The other new offences will attract a maximum two year sentence.