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DVSA: Highway Code - updated sentences for driving offences

This just popped in from the Driving Vehicle Standards Agency:

The Highway Code has been updated following a change in the law that affects the sentences for some driving offences. The updates are to the penalties for: 

  • causing death by dangerous driving
  • causing death by careless driving under the influence of drink or drugs

The maximum sentence for both offences has increased from 14 years’ imprisonment to life imprisonment.  

The obligatory disqualification period for both offences has increased from a minimum of 2 years to a minimum of 5 years. 

The changes have been updated in annex 5 (penalties) of The Highway Code. 

New driving offence

A new offence has also been created for causing serious injury by dangerous driving.

This carries a maximum penalty of 2 years’ imprisonment, an unlimited fine and an obligatory driving disqualification.  

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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6 comments

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ktache | 1 year ago
1 like

I am so far unaware of a driver ever getting 14 years.

10 years and a few months sometimes with a guilty plea, but never the full 14.

Avatar
IanMSpencer | 1 year ago
2 likes

So great - another dangerous driving offence that will rarely be used because the CPS haven't got a robust working standard for dangerous driving.

I wonder what the fallback is from a charge of serious injury by dangerous driving - and what is the definition of serious injury?

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Tom_77 replied to IanMSpencer | 1 year ago
0 likes

IanMSpencer wrote:

So great - another dangerous driving offence that will rarely be used because the CPS haven't got a robust working standard for dangerous driving. I wonder what the fallback is from a charge of serious injury by dangerous driving - and what is the definition of serious injury?

Serious Injury is "physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861" See https://www.legislation.gov.uk/ukpga/1988/52/section/1A

It is up to a jury to decide if a particular injury is serious or not. Usually GBH is charged for life-changing injuries, broken bones, requiring significant medical treatment, etc.

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carlosdsanchez replied to IanMSpencer | 1 year ago
0 likes

I have read that there were 2 new serious injury offences - by dangerous driving - up to 5 years imprisonment and by careless driving - up to 2 years imprisonment.

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wtjs replied to IanMSpencer | 1 year ago
0 likes

So great - another dangerous driving offence that will rarely be used because the CPS haven't got a robust working standard for dangerous driving

It's the police, really. Almost all cases involving dangerous driving where cyclists are concerned are binned with no respose and no action, so the CPS never have to bother with them.

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chrisonabike replied to IanMSpencer | 1 year ago
2 likes

Agreed - although a crowd-pleaser with some folks because "longer sentences" it's all begging the question given how the system operates (totally agree about the "lack of robust working standard").

I'd say the following was slightly encouraging - although I'd have liked "... up to a maximum of 'forever' " but we don't seem capable of doing that:

Quote:

The obligatory disqualification period for both offences has increased from a minimum of 2 years to a minimum of 5 years.

As always rather than just treat the symptoms I'd far rather we worked much harder at preventing this happening in the first place.

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