Newsletter 6
July 2007
from Isobel Brydie
chairman of SCID

Dear Victim Families,
Although many positive things have happened over the past year, such as the new charges of Causing death by careless driving and Causing death by driving while unlicensed, disqualified or uninsured, it is very disappointing to learn that these charges may not be available to the courts until next year.

There is now more consistency in sentencing those convicted of Section 1 of the RTA (causing death by dangerous driving) since being heard in the High Court rather than the Sheriff Court. But the facts that convicted offenders who plead guilty are given a third off their sentences is causing great anxiety to victim families. This is compounded by the fact that the convicted offender will also get early release from prison.

Discounted sentences and early release are a result of decisions taken by the Scottish Parliament. Hopefully the new administration will look seriously at the situation and change it.

The other great disappointment is that the UK Government lost an ideal opportunity to include serious injuries as part of a charge. Many people’s lives are changed forever by careless or dangerous drivers, yet there is still no charge to include these horrific injuries.

To end on a positive note, I do see a change, not in every case, but in more cases where the police are taking death on the road as a more serious issue worthy of full and thorough investigation. Hopefully my input at the Police College will see things improve still further till we have consistency throughout all of Scotland.

Isobel Brydie
Chairman of SCID
 

What’s Been Happening?

Road safety Bill - Background

As far back as 1998, the Government commissioned the Transport Research Laboratory to carry out a study into how the Road Traffic Act was/was not working.

We are happy to say that after eight long years of involvement in consultations (private and public), committees, and debates in the Lords and Commons, a number of positive changes have come about in the Road Safety Bill.

The Bill received Royal assent in November 2006 and the full text can be accessed at: http://www.opsi.gov.uk/acts/acts2006
then scroll down the page and select 60049.htm
Significantly the Road Safety Act introduces two new “causing death” offences:

Section 2B of the Road Traffic Act now reads:
Causing death by careless, or inconsiderate, driving

“A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.”

The change comes not in the wording but in the penalties:

The maximum penalty available to the court will be five years’ imprisonment, mandatory disqualification.

The offence can be heard in the summary or in the solemn court (sheriff). The choice will have an effect on the penalty imposed.

Section 3ZB of the Road Traffic Act now reads:
Causing death by driving: unlicensed, disqualified or uninsured:

“A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under:
(a) section 87(1) of this Act (driving otherwise than in accordance with
a licence)
(b) section 103(1)(b) of this Act (driving while disqualified) or
(c) section 143 of this Act (using a motor vehicle while uninsured
or unsecured against third party risks).”

The maximum penalty available to the court will be 2 years’ imprisonment.

Again this offence can be heard in the summary or in the solemn court
(sheriff). The choice will have an effect on the penalty imposed.

Disappointingly, the two new offences are currently under consideration of the Sentencing Advisory Panel (Westminster) who will report by the end of the year. That report will then have to be considered by the Government who then makes the final decision on when the provisions of the Act will come into force. Until then families so bereaved will continue to be denied recognition of their loved one in law. We find this totally unacceptable and it shows the low priority culpable road deaths are given at Westminster.

SCID continues to lobby for serious injuries to form part of any driving charge. Rosemary McKenna MP for Cumbernauld and Kilsyth took up the gauntlet and challenged the Transport Minister, Dr Stephen Ladyman. Dr Ladyman’s unconvincing response was:

When we come to whether there should be another offence of causing serious injury by careless driving, we come to subjective decisions about what constitutes serious injury, whereas, of course, there is no doubt whatsoever about the difference between death and lesser injuries.
“I have to confess that, but not least, there is the issue of resources - it comes down to good old-fashioned money. if we were to allow custodial sentences for serious injury, many more people would be sent to prison. That would require many more prison places, which would require us to build more prisons or to let out some people who are already in prison. Unfortunately, we have to make some dirty compromises.”