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Sentencing guidelines too lenient for death by careless driving


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The families of victims of careless drivers call for tougher sentencing for the new offence of death by careless or inconsiderate driving   - 13th January 2008

Grieving parents reacted with anger when new "tough" laws mean that drivers who have killed people in road accidents could still escape custodial sentence.

They spoke on behalf the families of victims of fatal road accidents when they learned that careless motorists who cause multiple deaths could escape with just community sentences. 

Unlicensed and uninsured drivers could also avoid custodial sentences under the new guidelines for sentencing, this group of drivers are often responsible for hit and run incidents.

These guidelines are despite research given to the sentencing guidelines council (SGC) showing that the majority of people think these sentences are too lenient. A spokesperson for Brake the road safety charity said: "If someone in my family was killed by a driver I wouldn't be satisfied with a community sentence. We want to see custody as the starting point."

The offence of causing death by careless driving carries a maximum of five years in jail. The SGC recommended community punishments where the accident occurred when drivers had "momentary inattention".

This is due to things like the driver tuning the radio, altering a cd, distracted by sat nav or staring at pedestrians. It is not clear yet as to whether motorists using mobile phones would fall in to this category or the more serious death by dangerous driving which has a maximum fourteen years custodial sentence. A police representative on the SGC said: “It would be premature to start reviewing a tariff before we have started operating the offence."

Parliament has passed the new offence of death by careless or inconsiderate driving but it will not come into effect until approval has been given to the sentence guidelines.  



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