Frances Gibb, Legal Editor
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Motorists who read or write text messages on a mobile phone could face jail sentences of up to seven years if they cause a death, under new guidelines from a sentencing watchdog today.
The new, tougher penalties will be imposed by judges and magistrates in England and Wales under guidelines issued by the Sentencing Guidelines Council (SGC), which is chaired by the Lord Chief Justice.
The most serious cases where drink, drugs, or persistent bad driving are factors could be liable for jail terms up to the maximum of 14 years, the council said.
A Ministry of Justice spokesman said: “Ensuring drivers who cause death on our roads through bad driving are suitably punished is essential if justice is to be done and people maintain their support for the criminal justice system."
He added that ministers were also keen to see the two proposed new offences of Causing Death by Careless Driving and Causing Death by Driving while Unlicensed, Disqualified or Uninsured, come into force "at the earliest opportunity".
The two new offences were introduced by the Road Safety Act 2006 and will come into force on or after August 4. The new sentencing guidelines will be applied from that date.
The SGC said it was sending out a “clear message” that driving offences that result in death are serious offences and should receive appropriate sentences.
It recommends lengthy custodial sentences for cases involving “prolonged, persistent and deliberate” bad driving or where drivers are drunk or under the influence of drugs.
The use of mobile phones is also treated “robustly” the SGC said, with advice that if an offender is distracted by a hand-held mobile phone when the offence is committed, it will be treated as “particularly” serious.
The guidelines state that reading or composing text messages over a period of time while at the wheel will be likely to result in an offence being in the “higher level of seriousness” and offenders should serve up to seven years in prison.
Advice on driving bans is also given, reminding magistrates and judges that disqualifications are effective from the day that they are imposed and so only have a practical impact if they go beyond the period that will be served in prison.
The guidelines cover four offences: causing death by dangerous driving, causing death by careless driving under the influence of alcohol or drugs, causing death by careless driving and causing death by driving while unlicensed, disqualified or uninsured.
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I think the real problem here lies with the current driving test is of too low a standard to ensure that all those who pass can drive properly. I passed my test at 17 with only 10 hours driving experience; looking back, I was completely unfit to drive alone at the time. I'm sure I'm not alone...
Mat, Glasgow, UK
My Dad's car was recently hit while turning right into a side road. If he'd been half a second slower into the junction he'd have been killed, but half a second faster and he wouldn't have been hit at all! Luck plays too large a part in the consequences of bad driving to factor it into the penalty.
A Davison, Glynneath, W Glamorgan
Laws are all but irrelevant now as the Police are completely absent from our roads, so unless you are speeding and caught by a camera you can do pretty much what you like.
Snowman, York, UK
How many cyclists can any of you remember causing a death? Crazy motorists killing others? Just about every day of the week.! I know who I would ban. Was the cyclist guilty? The unfortunate victim wasamongst a gang of teenagers who had been drinking. The cyclist did warn her that she was in danger
jim, manchester, uk
To the Italian: there is a difference between having a crash in an empty spot and one where a pedestrian 'happens to be walking'. For a start the driver should be aware of the pedestrian and driven accordingly.
But what about renewing driving licences ever 10 years to keep skills up to date?
James, Bristol,
I'm surprised that no-one has suggested that someone lighting and smoking a cigarette whilst driving should be penalised because surely that is equally as dangerous as (say) eating an apple or having a drink of water. Maybe its because the rulemakers are smokers themselves!
Roger, Carlisle,
If a driver crashes his car, there would a particular punishment. But if there happened to be someone walking along in that same place, and they were unfortunately killed, the punishment would be greater. The sentence shouldn't depend on circumstances beyond the driver's control.
Kam, Naples, Italy
Massive penalties for the tiny number of unlucky drivers whose bad driving results in a fatal crash, will do almost nothing to deter the millions who drive badly every day. It will not raise overall driving standards and it will not reduce the body count.
Brian Eave, Pembroke, Wales
Swindon Council to cut speed cameras, legal aids to continue with the ambulance chases, insurance claims topping £5...
...more episodes of lives lost in road accidents. Helps keep population down... not the survival of the fittest this time, mercifully. Where are the dads to instill discipline??
Ayub Chege, Bristol,
For such thoughless crimes such as driving while on your mobile phone, why don't they increase the fine to something like £1,000. This would stop people from doing it straight away. After all, there is no excuse for being on your mobile, so if you insist on doing it, pay the hefty fine.
Dave, London,
14 years for accidentally knocking someone over in a car and killing them, a trip to visit victims of knife crime if you decide to stab someone.
DA, Newcastle,
Again the driving citizen is seen as a pariah, whereas someone who conceals a knife and prepared to use it 'malice a forethought' gets to visit a victim, shed a crocodile tear and then appear on the Jeremy Kyle show.
E it's great being British int it?
Chris Williams, Bridgend, UK
Why do we need such beauracracy in this country. Surely its is down to parliament to determine the tarrif and not these quangos such as Sentencing Guidelines Council and Sentencing Advisory Panel's. WASTE OF MONEY
Steve Tea, manchester, cheshire
No offense, but are you people stupid? Take somebody's life because your too ignorant to drive respectfully, and only get 7 years?????
What about the dead person, and their family who will NEVER see them again!?!?!?!
Anthony, Grand Rapids, USA
The sooner "Black Boxes" are installed in vehicles the better.
The driver would then know that their every move is being recorded then should an accident occur the Police and Insurance Companies will know who is to blame.
Stephen Holmes, Withington, UK
New drivers should under go a safety assesment before completing their test such as time on a motorway perhaps time behind the wheel of a truck.If someone is prosecuted for death by drivng the law should view the vehicle as a weapon and offer manslaughter prison should be more reflective of the loss
Dave Farmer, Broxbourne, England
Mobile phones can be answered when you are stationary there is no call more important then controlling the vehilce you are in. I was horrified to see a continental trucker using his lap-top whilst on the move and I have seen others watching tv then again I have seen a mother feeding a baby &driving
Dave Farmer, Broxbourne, England
And what about all the selfish drivers who crash every day causing motorway closures and mass disruption? I'd impose heavy penalties which would eventually make their insurance unaffordable and force them off the roads. They're clearly not safe anyway.
Sebastian Cargutt, Leeds,
Not LONGER sentences - LONG sentences. With lifetime bans. We cannot afford for people this irresponsible and with such little care for others to be driving. Ge them off the roads for good.
Mike, Bristol,
It would have been better to remove the top end of sentencing guideline for people who kill be it with a car, a gun, or a knife! We read time and time again about the frustration of judges, who would have liked to impose higher senteces. I'm sure this could help devastated families of victums.
RayB , Newcastle upon Tyne, UK
So we are filling our prisons up with motorist who kill by accident and the wives who tell lies about their husband going missing in a canoe.
And allow the people who are stabbing and murdering, us the public, to wonder around hospitals.
Is it Littlejohn who said 'you couldn't make it up'
Dan, London, England
What about the cyclist that shouted "I'm not stopping" at a group of teenager, cycled throughthem, knocked one over and killed her - he received a fine of £2,000 and some community service. the justice system seems to lack consistency!!!
david whittle, shrewsbury, england
Will these new sentences include death cyclists as well?
john, shrewsbury, uk