Drivers who kill while using mobile phones face up to 14 years in prison
Drivers who kill on the roads while texting or talking on mobiles could face up to 14 years in prison under new sentencing guidelines.
Motorists involved in fatal crashes after drinking, taking drugs or persistent bad driving face similar jail terms.
There are also stiffer penalties for drivers who kill cyclists in cycle lanes under the new guidelines, which was sent to the courts on Tuesday and come into immediate effect.
But a committee headed by the most senior judge in England and Wales ruled that those convicted of the new offence of causing death by careless driving could get a community service sentence if the fatal crash follows a momentary loss of concentration - a move which will dismay some campaigners.
Uninsured drivers who kill on the roads could also avoid jail, even if the incident claims more than one life or they have a history of driving without cover.
The definitive guidance from the Sentencing Guidelines Council follows years of complaints by bereaved families and road safety campaigners about lenient punishments.
Members of the council - which covers courts in England and Wales - said it would result in more prison sentences being handed out for those who cause death on the roads.
The guidelines for sentences for offenders convicted of killing while under the influence of drink or drugs range from 26 weeks to 14 years depending on the quantity of alcohol or drugs consumed.
The heaviest sentences for death by dangerous driving will be given to motorists who kill after a sustained period of dangerous driving, such as travelling at greatly excessive speed over a considerable distance.
Fatal collisions which occur while a motorist is writing or reading text messages and cases where a motorist was distracted by a hand-held mobile will also be "treated as particularly serious" and attract sentences ranging from a minimum of four to seven years.
Longer terms up to the 14- year maximum-are advocated when other aggravating factors, such as convictions, or a failure to stop, are present. Cases where there are multiple fatalities will also bring a heavier sentence.
The Lord Chief Justice, Lord Phillips of Worth Matravers, said cases involving death on the roads are among the "most difficult" facing the courts.
He added: "The harm is the greatest anyone can inflict - the death of a victim - but the level of culpability can range from a flagrant disregard for the safety of other road users to a terrible moment of inattention."
Former Thames Valley Chief Constable Peter Neyroud, a member of the SGC, said that the new framework was "a comprehensive relooking at the offences" which added two new offences of causing death by careless driving and causing death when driving while disqualified, uninsured or unlicensed.
Asked if anyone using a mobile phone at the wheel could expect a prison sentence if found guilty of causing an accident which results in death, he replied: "Pretty much straightforwardly, yes."
Causing death by careless driving should attract a three year sentence or more if there are aggravating factors, the council said.
But those who cause a death through driving carelessly through "momentary inattention" should be spared jail and instead receive a community sentence that could include a curfew, it added.
The new offence of causing death by careless driving was introduced after complaints over the charge of careless driving being applied where someone had caused a death through a mistake at the wheel but in a way deemed to fall short of dangerous driving.
source
Motorists involved in fatal crashes after drinking, taking drugs or persistent bad driving face similar jail terms.
There are also stiffer penalties for drivers who kill cyclists in cycle lanes under the new guidelines, which was sent to the courts on Tuesday and come into immediate effect.
But a committee headed by the most senior judge in England and Wales ruled that those convicted of the new offence of causing death by careless driving could get a community service sentence if the fatal crash follows a momentary loss of concentration - a move which will dismay some campaigners.
Uninsured drivers who kill on the roads could also avoid jail, even if the incident claims more than one life or they have a history of driving without cover.
The definitive guidance from the Sentencing Guidelines Council follows years of complaints by bereaved families and road safety campaigners about lenient punishments.
Members of the council - which covers courts in England and Wales - said it would result in more prison sentences being handed out for those who cause death on the roads.
The guidelines for sentences for offenders convicted of killing while under the influence of drink or drugs range from 26 weeks to 14 years depending on the quantity of alcohol or drugs consumed.
The heaviest sentences for death by dangerous driving will be given to motorists who kill after a sustained period of dangerous driving, such as travelling at greatly excessive speed over a considerable distance.
Fatal collisions which occur while a motorist is writing or reading text messages and cases where a motorist was distracted by a hand-held mobile will also be "treated as particularly serious" and attract sentences ranging from a minimum of four to seven years.
Longer terms up to the 14- year maximum-are advocated when other aggravating factors, such as convictions, or a failure to stop, are present. Cases where there are multiple fatalities will also bring a heavier sentence.
The Lord Chief Justice, Lord Phillips of Worth Matravers, said cases involving death on the roads are among the "most difficult" facing the courts.
He added: "The harm is the greatest anyone can inflict - the death of a victim - but the level of culpability can range from a flagrant disregard for the safety of other road users to a terrible moment of inattention."
Former Thames Valley Chief Constable Peter Neyroud, a member of the SGC, said that the new framework was "a comprehensive relooking at the offences" which added two new offences of causing death by careless driving and causing death when driving while disqualified, uninsured or unlicensed.
Asked if anyone using a mobile phone at the wheel could expect a prison sentence if found guilty of causing an accident which results in death, he replied: "Pretty much straightforwardly, yes."
Causing death by careless driving should attract a three year sentence or more if there are aggravating factors, the council said.
But those who cause a death through driving carelessly through "momentary inattention" should be spared jail and instead receive a community sentence that could include a curfew, it added.
The new offence of causing death by careless driving was introduced after complaints over the charge of careless driving being applied where someone had caused a death through a mistake at the wheel but in a way deemed to fall short of dangerous driving.
source
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