New Sentencing Guidelines for Motoring Offences in England and Wales

Following a consultation the Independent Sentencing Council has published 6 new and 6 revised sentencing guidelines for motoring offences in England and Wales.

The Independent Sentencing Council is an independent body set up by parliament to issue guidelines on sentencing. Courts must generally follow these guidelines unless it is not in the interest of justice to do so.

The changes follow new maximum sentences brought in by the Police, Crime, Sentencing and Courts Act 2022 including:

Revised guidelines include:

• Causing death by dangerous driving (maximum sentence increased from 14 years to life)
• Causing death by careless driving when under the influence of drink or drugs (maximum sentence increased from 14 years to life)
• Causing death by careless driving
• Causing death by driving whilst disqualified
• Causing death by driving whilst unlicensed or uninsured
• Dangerous driving

New guidelines include:

• Causing serious injury by dangerous driving
• Causing serious injury by driving whilst disqualified
• Causing serious injury by careless driving
• Causing serious injury by wanton or furious driving (typically used where a cyclist causes death or injury)
• Driving or attempting to drive with a specified drug above the specified limit
• Being in charge of a motor vehicle with a specified drug above the specified limit

The new guidelines will be used by judges and magistrates in England and Wales to cover the relevant offences. They apply to adult offenders and came into force on 1^st of July 2023.

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