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Peer questions 'death by careless driving' law

16th November 2006
Page 9
Page 9, 16th November 2006 — Peer questions 'death by careless driving' law
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A TORY PEER has warned that the new offence of causing death by careless driving could backfire by allowing more guilty drivers to walk free.

Earl Attlee has told CM that under the new law, which is expected to come into force in autumn 2007, drivers who have made a single momentary error face a jail sentence and mandatory loss of licence.At present,the same behaviour might only carry a fine in the magistrate's court.

He believes the threat ofjail will make drivers contest the charge, where previously they would have accepted points and a fine. He also believes juries will he increasingly reluctant to convict an otherwise good driver if he faces the loss of his licence and livelihood.

"There was a gap in the law and it needed to be filled." says Attlee. --This, however, is a misconceived method of doing it.

The new offences of causing death by careless or inconsiderate driving are currently in front of the Sentencing Guidelines Council. The first will carry a maximum five-year jail term and the second a maximum two-year term, both with a mandatory licence ban.

A Department for Transport spokesman says the new offences are designed to make sure that culpable drivers do not escape punishment by slipping between the cracks in legislation.

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