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Newsletter 8

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Since November 2006, SCID has lobbied the Scottish Parliament to introduce these new offences ahead of England and Wales as the administration and application of these offences falls to the Scottish Government. The response we received from the Justice Secretary was as follows;
“The responsibility for bringing these sections of the Act into force lies with Westminster. The Ministry of Justice (Westminster) considered that it would not be appropriate to commence the offences in different parts of the country at different times. The Ministry of Justice felt it was essential to wait for the Sentencing Guidelines Council, which is responsible for publishing definitive sentencing guidelines for all criminal offences in England and Wales, to produce guidelines to ensure consistency in sentencing.
However, it is the case that while these sentencing guidelines are not binding on the Scottish courts they can be taken into account by the sentencers in Scotland.”

It is worthwhile to give an insight into how these offences will be viewed by sentencers in England & Wales.
Causing Death by Careless or Inconsiderate Driving:
Section 2B Road Safety Act 2006

Maximum penalty: 5 years imprisonment minimum disqualification of 12 months
Mode of trial: Triable either way (summary or solemn proceedings)

Sentencing range:-

1. Careless or inconsiderate driving falling not far short of dangerous driving.
Starting point – 15 months imprisonment.
Sentencing range – 36 weeks to 3 years imprisonment.

2. Other cases of careless or inconsiderate driving
Starting point – 36 weeks imprisonment
Sentencing range – Community Order (HIGH) to 2 years imprisonment

3. Careless or inconsiderate driving arising from momentary inattention with
no aggravating factors
Starting point – Community Order (MEDIUM)
Sentencing range – Community Order (LOW) to (HIGH)

Causing Death by Driving: Unlicensed, Disqualified or Uninsured Drivers:
Section 3ZB Road Safety Act 2006

Maximum penalty: 2 years imprisonment; minimum disqualification of 12 months
Mode of trial: Triable either way (summary or solemn proceedings)

Sentencing range:-

1. The offender was disqualified from driving or The offender was unlicensed
or uninsured plus 2 or more aggravating factors.
Starting point – 12 months imprisonment    
Sentencing range – 36 weeks to 2 years imprisonment

2. The offender was unlicensed/uninsured plus at least 1 aggravating factor.
Starting point – 26 weeks imprisonment 
Sentencing range – Community Order (HIGH) to 36 weeks imprisonment.

3. unlicensed or uninsured – no aggravating factors
Starting point – Community Order (MEDIUM)  
Sentencing range – Community Order (LOW) to (HIGH)

N.B. The Scottish Government is now presently consulting the Scottish people
on Sentencing Guidelines and a Scottish Sentencing Council.
We would urge you to respond to this consultation - details can be found at:
www.scotland.gov.uk/Publications/2008/08/29100017/0 or contact Margaret.