Policy background Road traffic Road traffic offences
On 5 December 2016 the Government launched a consultation, "Driving offences and penalties relating to causing death or serious injury". The consultation sought views on specific offences dealing with causing death or serious injury, which had been identified as of the greatest concern to the public. The consultation ran until 1 February 2017.
	The Government response to the consultation was published on 16 October 2017. The Government committed to bring forward proposals for reform of the law to:
create a new offence of causing serious injury by careless driving;
increase the maximum penalty for causing death by dangerous driving from 14 years to life imprisonment; and
increase the maximum penalty for causing death by careless driving when under the influence of drink or drugs from 14 years to life imprisonment.
	The Legal Aid, Sentencing and Punishment of Offenders Act 2012 created an offence of causing serious injury by dangerous driving. The Criminal Justice and Courts Act 2015 added a further offence of causing serious injury while driving disqualified. There are therefore two "causing serious injury" driving offences, relating to dangerous driving and disqualified driving, but no offence with respect to serious injury resulting from careless driving.
	A new offence of causing serious injury by careless, or inconsiderate, driving means that those who drive carelessly resulting in a person suffering serious injury will be liable to prosecution for a specific offence which carries a maximum penalty of a custodial sentence of 2 years on indictment rather than under the offence of careless, and inconsiderate, driving which has the maximum penalty of a fine. The Government believes that this new offence better reflects the overall seriousness of the careless, or inconsiderate, driving that leads to serious injury.
	14 years’ imprisonment is the current maximum custodial penalty available for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. Increasing the maximum penalty to life imprisonment for these offences will provide the courts with enhanced powers to sentence appropriately for the most serious cases.
	Sections 86 to 88 of and Schedule 8 to the Act give effect to these measures.
	The 2016 consultation also sought views on whether drivers should be given longer minimum periods of disqualification for offences of causing death by driving. 84% of respondents thought that consideration should be given to a longer minimum period of disqualification, demonstrating strong public support for a change.
	Previously, section 34(1) of the Road Traffic Offenders Act 1988 provided for a minimum period of 12 months disqualification for an offence involving obligatory disqualification from driving, unless the court thought there were special reasons for disqualifying for less than this minimum or for making no order for disqualification. This minimum period increased to two years in the case of a conviction for the offences mentioned in section 34(4), which include the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. The minimum period further increased to three years in the case of a conviction for causing death by careless driving when under the influence of drink or drugs, or any of the other offences listed in section 34(3), where the offender had been convicted of any such offence within the ten years immediately preceding the commission of the new offence. This scenario is known as a repeat offence.
	Section 86 also increases the minimum period of disqualification for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs from two years to five years. This change supplements the increase in custodial sentences for these two offences from 14 years to life. In the case of a repeat offence where both the previous offence and the new offence consisted of causing death by careless driving when under the influence of drink or drugs, the period is increased to six years. This is in recognition of the fact that repeat offences of causing death by careless driving when under the influence are indicative of a pattern of reckless conduct in preparation for driving, with very serious consequences. Section 86 does not remove the discretion that judges and magistrates have to impose a shorter period of disqualification, or not to impose a disqualification, where there are special reasons which make this appropriate.