Causing Death by Dangerous or Careless Driving: Sentencing Debate
Full Debate: Read Full DebateCatherine Fookes
Main Page: Catherine Fookes (Labour - Monmouthshire)Department Debates - View all Catherine Fookes's debates with the Ministry of Justice
(1 day, 21 hours ago)
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Mr Barros-Curtis
I thank my hon. Friend for sharing those stories, I extend my greatest sympathies to the affected constituents who he so admirably represents, and I entirely agree with what he said.
Consistency is important, but it must not come at the expense of properly reflecting the circumstances of each crime. Relatedly, the Minister will know that the unduly lenient sentence scheme allows anyone to ask for certain Crown court sentences to be reviewed by the Attorney General’s Office if they think they are too lenient. The review is ultimately conducted by the Law Officers—the Attorney General or the Solicitor General—and if they consider that a sentence appears unduly lenient, they can ask the Court of Appeal to review it. However, only sentences passed in the Crown court in respect of offences triable only on indictment—that is, in the Crown Court—or those offences added to the scheme by subsequent order may be referred to the Court of Appeal. The offence of causing death by careless driving is not triable only on indictment and although there is a long list of offences that have been subsequently added to the ULS scheme by various orders, the offence of causing death by careless driving has not.
Following the sentence of Keely’s killer, Sian was mistakenly told by the prosecuting barrister and the Crown Prosecution Service lawyer dealing with the case that the sentence imposed might have been too lenient and that they would consider whether the matter should be referred under the ULS scheme. Regrettably, and for the reasons I have mentioned, that was a mistake. I wonder whether the Minister might reflect on that disconnect and say whether he will seek to inquire whether the offence of causing death by careless driving should be added to the ULS scheme.
Thirdly, the Government should consider whether legislative changes are needed to strengthen custodial sentences.
Catherine Fookes (Monmouthshire) (Lab)
I thank my hon. Friend for securing this important debate. I want to raise the really sad case of Sophie Brimble, which was brought to me by her sister. Sophie was killed as a passenger in a car with her boyfriend, who was driving at three times the speed limit. The driver was found unfit to plead and therefore walked out of court without having to face justice. The unfit to plead law dates back to 1836. Does my hon. Friend agree that reforming it is long overdue?
Mr Barros-Curtis
I thank my hon. Friend for sharing yet another tragic story. I again extend my sincere condolences to her constituents, and I entirely agree with her. I hope the Minister can address the issue she raised.
Of course a prison sentence can never bring back a loved one, but it must provide meaningful accountability and act as a genuine deterrent, as we have been saying. We must examine whether the sentences available and imposed in these most serious of cases adequately reflect the harm caused, including considering whether suspended sentences are appropriate in such cases.
Fourthly, we must address repeat offending and consider prevention. In my opinion, the Government should review whether the current penalties sufficiently address patterns of irresponsible driving before they lead to further tragedy. Stronger sentences alone will not solve every road safety problem. Enforcement, education and safer infrastructure must remain central.