In the UK, causing death by careless or inconsiderate driving is one of the most serious motoring offences.
If you are facing this charge, your driving has been seen to fall below the standard expected of a competent and careful driver.
Causing death by careless driving carries a maximum penalty of five years in prison. Common examples of the offence include behaviour that causes a momentary lapse in concentration, such as using a mobile phone, failing to notice a cyclist or pedestrian, or misjudging road conditions.
In this article, we’ll look in detail at the sentencing guidelines for the offence, running through the various categories and what they mean.
First, let’s make a distinction between two offences that are occasionally confused: causing death by careless driving and causing death by dangerous driving.
Death by careless driving vs death by dangerous driving
Causing death by careless driving applies when a driver’s standard falls below that expected of a competent and careful driver, and that driving causes the death of another person.
This definition sets it apart from causing death by dangerous driving, which involves driving in a way that falls far below the expected standard and poses a serious risk of harm.
While causing death by careless driving is generally treated less seriously than causing death by dangerous driving, it remains a serious offence with significant consequences. Let’s look at the sentencing guidelines in more detail.
Sentencing guidelines and categories
Courts in England and Wales use official Sentencing Council guidelines that assess the level of culpability, which considers how far below the required standard the driving fell.
Culpability A: High
The standard of driving was just below the threshold for dangerous driving, or represents an extreme example of a Culpability B factor.
Starting point: 2 years’ custody
Sentencing range: 1 to 4 years’ custody
Culpability B: Medium
This covers a wide range of conduct, including unsafe manoeuvres, driving at an inappropriate speed for road conditions, brief avoidable distraction, driving impaired by alcohol or drugs, or driving when deprived of adequate sleep.
Starting point: 1 year’s custody
Sentencing range: 26 weeks to 3 years’ custody
Culpability C: Lower
The standard of driving was only just over the threshold for careless driving, typically involving a momentary lapse in concentration.
Starting point: 26 weeks’ custody
Sentencing range: Medium-level community order to 1 year’s custody
Additional penalties
Beyond any custodial sentence, those convicted of causing death by careless driving may also face additional penalties, including:
Driving disqualification
A mandatory minimum driving ban of 12 months, with an extended driving test required in more serious cases before the licence can be returned.
Fines
An unlimited fine may be imposed alongside a community order or custodial sentence.
Interim disqualification
Courts may also disqualify a driver during proceedings, before a final sentence is passed.
How courts decide on sentences for death by careless driving
Up to this point, we’ve outlined the sentencing guidelines for causing death by careless driving. However, these should be considered the starting point rather than the final word.
Sentences can be adjusted by the courts according to aggravating factors. If a driver has previous motoring convictions, was driving while disqualified or was uninsured, this may be treated as a more serious offence. Carrying vulnerable passengers or failing to stop after the collision are other potential aggravating factors.
On the other hand, there are mitigating factors that can work in a defendant’s favour. Factors that may lead to a reduced sentence include having a previously clean driving record or showing genuine remorse from the start of the case. Full cooperation with the police may also be considered a mitigating factor.
Expert guidance at every stage
If you are facing a charge of causing death by careless driving, the decisions you make at the earliest stage of the process can significantly affect the outcome. An experienced death by careless driving solicitor can review the evidence against you, identify mitigating factors, and provide expert representation at every stage.
Speak to the friendly team at Auriga today. Call us on 08000 55 66 31 to discuss your case.