RoadPeace Justice Factsheet

Justice briefing June 2017

Causing death by driving, and (2016)

Key statistics

Average Driving Proceed- Convict- Custodial Bans 10 Imprisoned ings ions sentence years and (months) over

Indictable Only offences Causing Death by Dangerous Driving 229 157 153 (97%) 58.8 9 Causing Death by Careless Driving when under the 20 32 29 (91%) 45.5 1 influence of Drink or Drugs Causing Death by Driving Without Due 2 0 Care/Consideration While Over Prescribed Limit— Specified Controlled Drug Triable-either way offences Causing Death by Careless Driving 215 225 55 (24%) 14.5 2 Causing Death by Driving Unlicensed, Disqualified 7 5 3 (60%) 8.7 0 or Uninsured Drivers Total 473 419 239 (57%) 46.4 12 Source: MoJ (2017a, 2017b, 2017c)

Key points Prosecutions for causing death by driving offence were up 12%, from 414 last year to 473 Causing death by dangerous driving increased the most, with a rise of 21% from 2015 Convictions increased even farther , up 31% overall from 320 to 419 Average custodial sentence for Causing death by dangerous driving rose to 58.8 months 30% of Causing death by careless driving resulted in a prison sentence, averaging 14.5 months Number of drivers convicted of causing a death escaping a driving ban has reduced The MoJ proposals for tougher sentences will have virtually no effect as these only affect the very worst offenders. In 2016, only one driver received a prison sentence of over 10 years.

RoadPeace calls If road traffic crime was treated as real crime, then all culpable road deaths would qualify as homicide, and ideally be prosecuted as manslaughter. All cases would be heard in the Crown Court, bereaved families would be offered more support, and they would have the right to appeal unduly lenient sentences in Causing Death by Careless Driving and other triable either way offences. The Sentencing Council review of causing death/serious injury by driving should be restarted and cover all sentences, including driving bans. The MoJ should review the borderline cases where CDDD are downgraded to CDCD, CDCD receive custodial sentences, and where driving bans were avoided, to ensure prosecutions and punishment are appropriate..

RoadPeace Justice Factsheet

Introduction

This briefing summarises the prosecutions, convictions and sentences given at court in 2016 for drivers causing a death in England and Wales, and the change in prosecutions since 2010. Four key causing death by driving charges are covered1. Two are “indictable” offences -- Causing death by dangerous driving and Causing death by careless driving under influence of drink or drugs, which can only be decided upon by the Crown Court; and two are “triable either-way offences” offences -- Causing death by careless driving and Causing death by driving unlicensed, disqualified or uninsured drivers2, which can be decided upon in either the Magistrates Court (MC) or the Crown Court (CC).

Proceedings and convictions of causing death by driving, 2016 All cases, whether indictable or triable either way, start in the MC. Table 1 below gives the numbers of proceedings in the MC and the CC for four offences. For Causing death by dangerous driving there are far fewer cases in the CC than the MC, even though, as an , it cannot be heard in the MC. This is because many of these prosecutions were downgraded to Causing death by careless driving before being passed to the CC for trial or sentencing3. This downgrading is important not only because the defendant will face a lighter sentence but also because the prosecution can only appeal against an unduly lenient sentence when the offence convicted is indictable.

Table 1 Court proceedings and convictions, 2016 Proceedings Convictions

Magistrates Crown All courts Court Court Indictable Only offences Causing Death by Dangerous Driving 229 164 157 Causing Death by Careless Driving when under the 20 32 32 influence of Drink or Drugs Triable-either way offences Causing Death by Careless Driving 215 237 225 Causing death by Driving Unlicensed, Disqualified 7 5 5 or Uninsured Drivers Total 471 438 419 Source: MoJ (2017a)

For all causing death by driving charges taken together, proceedings increased 14% over 2015, to 471. There were 419 convictions, up 98 from 2015. This reflected a significant improvement in the overall conviction ratio, up 11 percentage points to 89%.

Causing death by dangerous driving was the most common charge where proceedings were started, at 49%. This was up from 45% in 2015. However, with more cases downgraded, the distribution of convictions was almost unchanged from 2015, with Causing death by careless driving accounting for 55% of the total.

1 The focus here is on driving charges. Deaths involving a vehicle that are excluded are: the very rare cases of murder, manslaughter (8-10 per year) and Causing Death by Aggravated Vehicle Taking. 2 During 2015, a new charge of Causing Death by Driving Disqualified, with a maximum custodial sentence of 10 years, was introduced but was not reported/used in 2015 (it only applies to deaths caused after its introduction). 3 This is encouraged by government policy, as lowering the sentence in exchange for an early guilty plea reduces the cost of the trial.

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Trends in proceedings

The breakdown of proceedings since 2010 shows a fluctuation in the distribution of cases between the two main offences – Causing death by dangerous driving and Causing death by careless driving, and a decline in the numbers of the other two offences.

Table 2 Magistrates Court Proceedings of Causing death by driving offences, 2010-15 2010 2011 2012 2013 2014 2015 2016

Indictable Only offences Causing Death by Dangerous Driving 196 177 163 144 176 188 229 Causing Death by Careless Driving when under the influence of Drink or Drugs 34 37 19 26 17 23 20 Triable-either way offences Causing Death by careless or inconsiderate driving 285 254 261 234 205 201 215 Causing death by driving unlicensed, disqualified or uninsured drivers 22 20 16 10 4 2 7 Total 537 488 459 414 402 414 473 Source: MoJ (2017a) By 2010, there were more proceedings for Causing death by careless driving than the more serious charge of Causing death by dangerous driving. This was far more than had been anticipated when former charge was introduced in 2008 and raised fears of wholesale undercharging. The rebalancing of these offences started in 2014 and the continuation of this through 2016 is welcome.

RoadPeace had expressed concern with the decline in the number of prosecutions between 2010 and 2015 in relation to the number of fatal collisions. In 2016, there was a reversal, with the increase in proceedings (14%) greater than the increase in the provisional figures for fatal collisions (7%)4.

Sentencing for causing death by driving A total of 240 drivers were sentenced to immediate imprisonment, up 32% from 181 in 2015. This reflected the greater number of drivers sentenced rather than an increase in the rate of imprisonment, which remained the same at around 57%. Suspended prison sentences were common (21%) and community sentences (19%) accounted for almost all of the other sentences. The more serious, indictable offences had high rates of imprisonment, with Causing death by dangerous driving at 97%. For Causing death by careless driving, the rate was only 30%.

Table 3 Sentencing outcomes, 2016

Fine

Total

spended

custody

sentence sentence

discharge

dealt with

Otherwise

Immediate

Su

Conditional Community Indictable Only offences Causing Death by Dangerous Driving 153 3 0 0 0 1 157 Causing Death by Careless Driving when under the influence of Drink or Drugs 29 1 1 0 0 1 32 Triable-either way offences Causing Death by careless or inconsiderate driving 55 84 80 3 2 2 226 Causing death by driving unlicensed, disqualified or uninsured drivers 3 1 0 0 1 0 5 Total 240 89 81 3 3 4 420 Source: MoJ (2017a)

4 First three quarters of 2016 (January to September) only (DfT, 2016a, 2016b, 2017).

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RoadPeace Justice Factsheet

As could be expected, the length of prison sentences was considerably higher for the two indictable offences. Causing death by dangerous driving had 40% at more than five years, see Table below. Only one driver was sentenced to more than 10 years.

With the triable either-way offences, cases heard in the MC will be restricted to a six month maximum sentence for a single offence.

Table 4 Length of custodial sentences, 2016 12 12+ to 18+ to 7+ to 2+ to 3 3+ to 5 5+ to 7 10+ months 18 24 10 years years years years and under months months years Indictable Only offences Causing Death by Dangerous Driving 2 3 11 22 55 36 23 1 Causing Death by Careless Driving when 0 1 3 7 14 2 2 0 under the influence of Drink or Drugs Triable-either way offences Causing Death by careless or 28 13 11 2 1 N/A1 N/A1 N/A1 inconsiderate driving Causing death by driving unlicensed, 2 1 0 N/A1 N/A1 N/A1 N/A1 N/A1 disqualified or uninsured drivers Total 32 18 25 31 70 38 25 1 Source: MoJ (2017a) 1Sentence length limited by

The custodial sentences shown in Table 4 refer to those given after any guilty plea reduction. It is not possible to know how many of these sentences have been reduced by an early guilty plea, or the extent of the discount, which can be up to 33% if the defendant pleads guilty at the start of the court hearings.

For those going to prison for all causing death by driving offences taken together the average sentence was 46.4 months, see Table 5 below. Causing death by dangerous driving had the highest average, of nearly 59 months. This was slightly up from the previous year but still down from the peak of over 61 months in 2014.

Table 5 Average custodial sentences, 2010-16 2010 2011 2012 2013 2014 2015 2016

Indictable Only offences Causing Death by Dangerous Driving 49.1 48.7 49.5 52.4 61.5 57.1 58.8 Causing Death by Careless Driving when under the 45.5 52.3 52.1 61.3 54.3 53.5 45.5 influence of Drink or Drugs Triable-either way offences Causing Death by careless or inconsiderate driving 15.4 15.3 13.7 13.5 10.4 14.4 14.5 Causing death by driving unlicensed, disqualified or 8.4 8.4 7.0 15.0 24.0 14.0 8.7 uninsured drivers Total 41.1 40.4 38.0 41.5 47.2 45.6 46.4 Source: MoJ (2017a)

Driving bans According to legislation, driving bans are mandatory for all causing death by driving offences, except for exceptional circumstances. This minimum driving ban is supposed to be one year for the triable either-way offences and two years for the indictable only offences (SGC, 2008).

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RoadPeace Justice Factsheet

Table 6 Driving license sanctions, 2016

No No

oban

N Noban

Banned

riving test riving

Additional Additional

d

requirement

endorsement Endorsement

Indictable Only offences Causing Death by Dangerous Driving 1 2 154 150 Causing Death by Careless Driving when under the - - 32 31 influence of Drink or Drugs Triable-either way offences Causing Death by careless or inconsiderate driving 11 25 190 72 Causing death by driving unlicensed, disqualified or - 3 2 1 uninsured drivers Total 12 30 378 254 Source: MoJ (2017c)

Almost all drivers convicted of Causing death by dangerous driving or Causing death by careless driving under the influence of drink or drugs were banned and required to take an extended driving test required before they could get their license back. But, despite the one year minimum ban, of those convicted of Causing death by careless driving, 11 were neither banned nor endorsed and a further 25 were endorsed but not banned. The wider problem of the declining use of bans even where they are mandatory has been discussed elsewhere (RoadPeace, 2016).

Ban duration Over half of driving bans had their duration reported as unknown, see Table 7 below. This is presumed to be related to the extended driving test requirement. Of those known, driving bans were short, with 80 (42%) less than two years.

In April 2015, the courts became obliged by statute to extend bans to take account of the period spent in custody (MoJ, 2016). It was anticipated that this would result in longer bans. But because so many of the ban durations are unknown for the indictable offences, it is not possible to see the change in ban duration given.

Table 7 Driving ban duration, 2016 Less 2 to 10 years 5 to Period than 1+ to 2 under and under 10 Life Unknown 1 years 5 over, not years year years Life Indictable Only offences Causing Death by Dangerous Driving 111 - - 11 23 7 2 Causing Death by Careless Driving when under the 16 - 1 6 8 1 0 influence of Drink or Drugs Triable-either way offences Causing Death by careless or inconsiderate driving 59 - 79 43 7 1 1 Causing death by driving unlicensed, disqualified or 1 - - 1 0 0 0 uninsured drivers Total 187 0 80 61 38 9 3 Source: MoJ (2017c)

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RoadPeace conclusions

Downgrading remains a key concern. While nearly half of all cases start as Causing death by dangerous driving prosecutions, many are downgraded. The less serious offence of Causing death by careless driving accounts for over half of convictions. This is not surprising given the overlap in the: charging standards. See RoadPeace’s briefing highlighting this problem (RoadPeace, 2014). Sentencing, with almost 60% drivers sentenced for Causing Death by Dangerous Driving being given a prison sentence of five years or under. And the government’s promotion of early guilty pleas is believed to contribute to downgrading.

The triable either way charges accounted for the majority of convictions. Some of these were heard at the MC and none allowed the families or prosecution the right to appeal and unduly lenient sentence. As noted previously, this is not currently possible with the either way offences—even when the case is sentenced at the Crown Court.

RoadPeace believes all criminal charges involving a death should be heard at the Crown Court, with the CPS having the right to an appeal an unduly lenient sentence. This would be the case if all culpable road deaths were prosecuted as manslaughter or at least qualified as homicide. This would also mean increased support for bereaved families with homicide caseworkers assigned to them.

MoJ reforms

The MoJ has proposed tougher prison sentences for the most serious offenders. In 2016, only one driver was imprisoned for 10 years or more. The MoJ also proposed increasing the minimum mandatory driving ban to two years. As shown here, many offenders are still escaping any driving ban at all. RoadPeace believes lifetime driving bans should be mandatory for the indictable causing death by driving offences. They should never be allowed the privilege of a driving license again.

With the MoJ consultation, there was much media interest in causing death by driving sentences. But drivers being sent to prison is not a good indicator of effectiveness or fairness of our justice system, nor is drivers escaping maximum jail sentence. What should be monitored is the number of drivers escaping driving bans. RoadPeace also calls for the MoJ to monitor all cases of downgrading, including who made the decision and the reasons why.

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RoadPeace Justice Factsheet

References DfT (2016). Reported road casualties Great Britain, provisional estimates: April to June 2016. Retrieved from https://www.gov.uk/government/statistics/reported-road-casualties-great-britain-provisional- estimates-april-to-june-2016 DfT (2016). Reported road casualties Great Britain, provisional estimates: January to March 2016. Retrieved from https://www.gov.uk/government/statistics/reported-road-casualties-great-britain-provisional- estimates-january-to-march-2016 DfT (2017). Reported road casualties Great Britain, provisional estimates: July to September 2016. Retrieved from https://www.gov.uk/government/statistics/reported-road-casualties-great-britain-provisional- estimates-july-to-september-2016 MoJ (2016). Consultation: Driving offences and penalties relating to causing death or serious injury. Retrieved from https://consult.justice.gov.uk/digital-communications/driving-offences-causing-death-or-serious- injury/supporting_documents/drivingoffencesconsultationdocument.pdf MoJ (2017a). Criminal Justice Statistics Quarterly, December 2016, Motoring tool. Retrieved from gov.uk: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/614426/motoring- tool-2016.xlsx MoJ (2017b). Criminal Justice Statistics Quarterly, December 2016. Criminal Justice Outcomes by Offence tool 2016. Retrieved 05 18, 2017, from gov.uk: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/614418/cjs- outcomes-by-offence-tool-2016.xlsx MoJ (2017c). Criminal Justice Statistics Quarterly, 2016. overview-tables.xls. Retrieved May 18, 2017, from gov.uk: www.gov.uk/government/statistics/criminal-justice-system-statistics-quarterly-december- 2017 RoadPeace (2014). Key Resources. Retrieved from RoadPeace Justice Watch: https://roadpeacejusticewatch.files.wordpress.com/2017/02/roadpeace-dangerous-and-careless- driving-2014.pdf RoadPeace (2016). Driving bans at court. Retrieved from https://roadpeacejusticewatch.files.wordpress.com/2017/02/roadpeace-driving-bans-at-court- 2016.pdf SGC (2008). Causing Death by Driving, Definitive Guidance. Retrieved 05 24, 2017, from www.sentencingcouncil.org.uk: https://www.sentencingcouncil.org.uk/publications/item/causing- death-by-driving-definitive-guideline/

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