Causing death by dangerous driving is one of the most serious road traffic offences.
In the UK, there are sentencing guidelines for this offence that set out the possible penalties. The courts will consider these guidelines when deciding the appropriate punishment.
This article summarises key sentencing guidelines, picking out some of the ‘need to knows’ from these recommendations.
Maximum and minimum sentences
There is a sentencing framework for death by dangerous driving. As of 2022, the Police, Crime, Sentencing and Courts Act sets out that the maximum sentence for the offence is life imprisonment.
The typical sentencing range is around two to 18 years’ custody, and this will depend on the severity of the offence.
There is a minimum ban of five years for the offence, and before the offending driver can legally drive again, they must take an extended driving test.
Will a custodial sentence always be imposed?
A prison sentence is likely for cases of causing death by dangerous driving, because of the seriousness of the offence.
According to figures from the UK Sentencing Council and Ministry of Justice Research, the vast majority (94%) of people convicted receive custodial sentences after being found guilty of causing death by dangerous driving.
Sentencing categories used by courts
Courts assess the seriousness of the offence using categories based on the driver’s level of culpability.
The sentencing guideline for Category A (highest culpability) is about 7–12 years’ imprisonment; for Category B, 4–7 years’ imprisonment; and for Category C (lower culpability), about 2–5 years’ imprisonment.
What can lead to a longer sentence?
Certain behaviours make a longer prison sentence more likely. These include incidents involving prolonged or aggressive dangerous driving, street racing, deliberate risk-taking, drink or drug driving, excessive speed and ignoring warnings from passengers.
Factors that may reduce the sentence
Courts may reduce the sentence where there are mitigating circumstances; such as a previously clean driving record, offering help at a crash scene, showing genuine remorse, or a guilty plea early in the process.
Auriga Advocates are death by dangerous driving solicitors with over two decades of experience. Get the best advice as early as possible in the legal process. Call us today on 01270 509496 and speak to the friendly team.