Road Traffic Offences: Fatal Collisions

Debate between Andrew Stephenson and Kerry McCarthy

Monday 15th November 2021 Westminster Hall

[Andrew Stephenson]

I thank my hon. Friend for that point—I hope he will bear with me, as I will come to that in more detail. Like other hon. Members, I know the strength of feeling in my own constituency, where dangerous driving is a top concern for residents.

Let me be clear: any death or serious injury on our roads is unacceptable, and our deep condolences go to victims and their families. My ministerial colleague Baroness Vere of Norbiton, the Roads Minister, has met families of victims of similar incidents, as well as MPs who are campaigning for their constituents, including my hon. Friends the Members for North Cornwall (Scott Mann), for North Warwickshire (Craig Tracey) and for Truro and Falmouth (Cherilyn Mackrory).

We understand the tragic circumstances that have led to the petitions and to the concern that, in some cases, something is perhaps not working with the law. Although we must do all we can to improve the safety of our roads, we must also be careful that we do not make any rash decisions that could ultimately make things worse, or create other unforeseen effects, in a rush to resolve problems with the way in which the law currently operates.

I will start by turning to the current offence of failing to stop and report. In the case of failure to stop and report, we know that in a small number of cases the failure to stop may be related to an event that leads to death or serious injury to another person, but we must not forget that in the vast majority of cases convictions for failing to stop involve low-level traffic incidents such as hitting a wing mirror on a narrow street. It is only in an extremely small number of cases that there may not be any other evidence to connect the death or serious harm with the driver who failed to stop, meaning that the only offence that they have committed is that of failing to stop and report.

I understand the concerns that have been raised about the matter, which has previously been brought to the attention of my Department. However, increasing the maximum sentence for failing to stop and report, even in a limited scope where there has been a serious or fatal injury, cuts across the basis for that offence. I must stress that the offence of failure to stop and report is designed to deal with the behaviour relating to the failure to stop; it is not provided as an alternative route to punish an offender for a more serious but unproven offence. Increasing the custodial sentence so that it is comparable to sentences for causing death by careless or dangerous driving, or including it in one of those offences, would represent a massive uplift in the potential sentence, for an offence that I remind hon. Members requires no evidence of a causal link between the failure to stop and the death or serious injury.

It must be remembered that where there is evidence that a driver has caused harm, there is already a range of other offences, including causing death by serious injury or dangerous or careless driving, with which the driver can be charged. In those cases, courts can treat the failure to stop as a factor that adds to the overall seriousness of the offending. That can result in the offender receiving a higher sentence. Where there is evidence that the driver knew about the incident and took steps to avoid detection, they can be charged with perverting the course of justice—a common law offence that already carries a maximum sentence of life imprisonment.

[Kerry McCarthy]

Does the Minister have any details on how often that has been invoked? It is one thing to say that they could be charged with perverting the course of justice. Does it ever happen?

[Andrew Stephenson]

It is unwise for Ministers to comment on prosecutorial or judicial decisions. I was reading this week about a case just outside my constituency where somebody who had failed to stop was charged with death by dangerous driving. We need to look at the suite of options for the charging authorities. Simply strengthening the failure to stop and report offence may not be the most effective way of ensuring the justice that I know many families are seeking to achieve.

Oral Answers to Questions

Debate between Andrew Stephenson and Kerry McCarthy

Monday 18th May 2020 Commons Chamber

[Andrew Stephenson]

I am happy to provide my hon. Friend with that reassurance. The integrated rail plan is looking at various transport investments in the north, and we very much intend that still to report by the end of this year. On the dualling of the A64, I can assure him that that is now officially in the road investment strategy 3 pipeline, and it will be investigated carefully as we prepare to make decisions for the next strategy.

[Kerry McCarthy (Bristol East) (Lab) [V]]

It is so good to see so many cities and towns now putting in place infrastructure to support active travel, particularly cycling, but not everyone can work or cycle to work, not everyone has a car and no one wants the new normal to be cars clogging up the streets and despoiling the clean air. Why are the Government not working with city regions and other councils on a safety-led scaling up of passenger transport, why did they not talk to local leaders about public transport before urging a return to work and why is there a support package for Transport for London but not for other major cities?