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Judges wake up to fatigue
Page 10
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• by Milos Brignall Truck drivers who kill someone after falling asleep at the wheel are likely to spend at least two years in jail under new guidelines.
The Sentencing Advisory Panel, which advises judges in England and Wales, has decreed judges should consider imprisoning every motorist who causes death by dangerous driving.
Falling asleep at the wheel—which until now has been considered a mitigating factor —should actually make the crime worse and attract a longer sentence, it says.
Panel chairman Professor Martin Wasik points out that drivers do not normally fall asleep without warning.
"The proper course of action for a motorist who feels drowsy is to stop driving and rest, If they fail to stop and go on to kill someone, it should be regarded as an aggravating factor and we recommend they be sentenced to between two to five years imprisonment." He said the sentence should rise if there was an aggravating factor—as well as falling asleep, these include alcohol, drugs, racing, showing off. excessive speed, disregarding warnings from fellow passengers and using a mobile phone In the year 2000, about 15% of drivers convicted of causing death by dangerous driving escaped jail and, at present, there is no clear starting point for sentencing this offence.
Fatigue and falling asleep are not the only issues to be taken more seriously in future. Using a mobile phone at the time of an accident should also be thought of as an 'aggravating factor', leading to stiff minimum sentences, the courts have been told.
• Research has revealed three-quarters of motorists believe penalties for serious road offences are too lenient.
In a study by Green Flag Motoring Assistance, more than 76% of drivers said motorists convicted of speeding or dangerous driving that resulted in death or serious injury should be sent to prison for five years to life. The Green Flag survey also revealed that 70% of drivers would take more care if the penalties were more severe.
• See Comment, page 9.