Part 5: Road traffic Section 86: Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties
Section 86 increases the maximum penalties and minimum periods of disqualification from driving for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. Subsections (1) to (3) amend the table at Part 1 of Schedule 2 to the Road Traffic Offenders Act 1998 (the "RTOA 1988") to increase the maximum penalties for these offences from 14 years’ imprisonment to imprisonment for life.
	Subsections (4) to (8) increase the minimum periods of disqualification from driving for these offences. Subsection (5) amends section 34(3) of the RTOA 1988 so that it no longer envisages that the same minimum period of three years disqualification from driving will apply in respect of a repeat offence under that subsection. See paragraph 111 of these notes for the meaning of ‘repeat offence’ in this context.
	Subsection (6) inserts new subsection (3A) into section 34 of the RTOA 1988. Paragraph (a) of this new subsection provides for an increased minimum disqualification period of six years where a person is convicted of a repeat offence in circumstances where both the initial offence and the new offence were ones of causing death by careless driving when under the influence of drink or drugs. Paragraph (b) of the new subsection retains the existing three year minimum period of disqualification where a person is convicted of a repeat offence in any other circumstances, subject to new subsection (4ZA) inserted by subsection (7), the effect of which is that a five year minimum period applies where the new offence is causing death by careless driving when under the influence of drink or drugs.
	Subsections (7) and (8) increase the minimum period of disqualification from two to five years where a person is convicted of an offence of causing death by dangerous driving or causing death by careless driving when under the influence of drink or drugs unless the latter is a repeat offence in circumstances where both the initial and the new offence were the same.
	Subsection (7) amends section 34(4) of the RTOA 1988 by adding a reference to the new subsection (4ZA) inserted by subsection (8) which specifies these new minimum periods. Subsection (7) removes the above mentioned offences from the list of offences in section 34(3) which are subject to the current two year minimum, and makes various textual amendments to that subsection to reflect this change.
	Subsection (8) inserts new subsection(4ZA) into section 34 of the RTOA 1988. This new subsection provides for a minimum disqualification period of five years for the two offences mentioned above, except in relation to a repeat offence of causing death by careless driving when under the influence of drink or drugs where the initial and new offences are the same, in which case the period is six years. The subsection also clarifies that the existing period of two years is retained for the others listed in section 34(4).
	Subsection (9) provides that the increase in the maximum penalties and minimum disqualification periods for the two offences to which this section relates does not apply to offences committed before the commencement of these provisions.