Road Safety: Sentencing Review

Liz McInnes Excerpts

Wednesday 30th November 2016 Westminster Hall

[Susan Elan Jones]

I agree totally. That shows that this is a cross-party issue that affects communities across the country.

That driver served only 10 months in jail. Clearly, that cannot be right. Almost two years ago, I asked the Government to reconsider the arrangements for sentencing. Currently, those who cause death by driving in the way I have described face a number of charges and a wide scale of sentences, ranging from mere months to 14 years, but the reality is that sentencing guidelines mean that there must be a large and, frankly, improbable series of aggravating factors for a judge to issue anywhere near the maximum sentence. Tougher penalties are not being used, because judges are being held back by guidelines that prevent them from handing out longer sentences. I know from the many families I have spoken to that there are instances when tougher penalties were very much needed.

In 2004, the Labour party was right to fight for higher maximum penalties. The Government, encouraged by the tireless campaigning of many Members from all parties, were equally right to incorporate new rules on drug taking while driving into the Crime and Courts Act 2013 and to amend the Road Traffic Act 1988. We know that there is a tremendous amount of cross-party support on the issue in this House. Both of those Governments can be rightly proud of having introduced changes that go in the right direction, but there is much further to go.

I have spoken about Robert Gaunt from Overton in this House previously, and I wish I could say that that case is tragic but unique, but it is not. Innocent people have been killed by drivers who have been given low sentences across our country, and it has continued since I raised this issue in 2014.

[Liz McInnes (Heywood and Middleton) (Lab)]

I am grateful to my hon. Friend for bringing this important subject to this Chamber. I just wish we had longer than half an hour to talk about it. My constituent, Joseph Brown-Lartey, was, sadly, killed by a dangerous driver. I have talked about him before and I am working on the Justice for Joseph campaign. I want to make the point that, as my hon. Friend said, she and indeed all of us present have been working on the issue for many years, but we do not seem to be getting anywhere with the Government. I hope that this debate will push it forward.

[Susan Elan Jones]

I agree wholeheartedly with my hon. Friend. Again, that highlights the point about diversity —she represents an urban constituency, mine is predominantly rural. These issues occur absolutely everywhere.

The average sentence served by a driver who kills or seriously injures another human being while driving is, believe it or not, only 11 months. Families are losing loved ones because of reckless, dangerous and negligent driving, and the law is not doing enough to hold those responsible to account. Innocent families are being let down by the system and the punishments given simply do not fit the crimes committed.

Let me explain the situation. If a driver is caught driving with

“a deliberate decision to ignore (or a flagrant disregard for) the rules of the road”,

the starting point for judges when sentencing is eight years. That can be longer for a number of reasons, such as when a person is killed or when the driver is driving a stolen vehicle. Let us reflect for a moment on how subjective that is—“a deliberate decision” about, or “ a flagrant disregard for” the rules of the road. If a driver is seen to be creating significant danger—the lowest level of seriousness—the starting point for a sentencing judge is three years and the maximum term is five years. If a driver is injured, the sentence is shortened. If the victim was a friend, again the sentence is shortened; and on and on we go.

As I said in 2014, it is absolutely right that our criminal justice system differentiates those who make a mistake, commit a crime and acknowledge it, and those who flee, hide and pervert the course of justice, as in the case involving Robert Gaunt in Overton. I wholeheartedly support the provision of a range of different sentences for driving offences—indeed, our country’s justice system is built on that—and I am calling for a logical development of the existing system and more consideration of the sentences given.

As a result of the rules and guidelines set out by the law, drivers who end the lives of innocent people on our roads have their sentences reduced again and again until, bit by bit, they decline to mere months. Drivers who plead guilty before their trials have their sentences automatically reduced by a third, and most will be released on licence after serving only half their given sentences. For the families of those who are killed, that is clearly not justice—nor is that justice for the rest of society.

After the injustice of cases such as that of Robert Gaunt and many others like it nationwide, people from my constituency launched a petition calling for sentences for this sort of crime to be increased. More than 1,300 names were added online and a further 2,000 collected on paper. The campaign continued, even though a change of Government meant an early closure of the online petition. Many of those who signed had probably never signed a petition before, and perhaps have not since, but they did so on that occasion out of a passion for justice for Robert and for other victims of road accidents throughout our country.

Almost two years ago, as I said, I asked the Government to look at the maximum penalties for driving offences that lead to death and serious injury. I asked for the same thing that the family of Robert James Gaunt was calling for back in 2009—but we are still waiting today.

In response to a recent parliamentary written question on this issue, the Government stated:

“It is our intention to commence a consultation before the end of the year which will look at driving offences and penalties.”

I welcome that, and I am pleased that the Government are still willing and open to do something. However, almost two years ago, that same commitment was made to me when I brought the issue to the House of Commons. I and other Members of Parliament who were passionate in support of a sentencing review were told that one would take place and that justice would be offered to those who had lost loved ones so tragically.

If we change the law and the sentencing guidelines are reformed properly, that will bring some measure of justice. I hope that that would give people who are uninsured or unlicensed grounds to pause before they get behind the wheel of a vehicle. So let me be absolutely clear why I am here today: we urged the Government to act; the Government promised to hold a review; and the review has not taken place. It is taking far too long.

Since 2009, my constituents have been calling for changes, and many others across the country and across party have been making the same plea. At a recent meeting of the all-party parliamentary group for transport safety, I had the opportunity to ask the Under-Secretary of State for Transport, the hon. Member for Harrogate and Knaresborough (Andrew Jones), who has responsibility for road safety, why that has taken such a long time. He admitted that there had been considerable delay. In response to a recent question in the House of Lords by Lord Berkeley on this issue, the Government responded that the criticism that they had taken too long was “fair”.

The Government keep telling the House their intentions. I am pleased that they intend to conduct a review. I am pleased that their intention is to take this matter as seriously as everyone in this Chamber does, but it has been almost two years since I was promised in the House of Commons in 2014 that a review would take place. On that occasion, the Government told me that a sentencing review would start, but for all the promises we have been given, I have yet to see anything actually happening. Intentions are grand and fine things, and they are to be welcomed, but they are not much use if we do not get a real review and if sentencing guidelines are not reformed. It is now time to see real results.

I have been urging the Government to look at the issues since 2011. I will continue to raise them again and again until action is taken, and many, many colleagues in this House feel similarly. It is time for the Government to give us the review that Members of Parliament are calling for. It is time for the Government to deliver on the promises they made to me almost two years ago. Most important, it is time for us to give families the opportunity to receive the justice that they have waited so long for. It is time for a review, and I and many others will keep asking for it until it arrives. This is not about politics; it is about justice. It is time for us to move on with the issue. I have left the Minister a considerable amount of time in which to respond and, I hope, to make some commitment on a timeline for when justice can be expected.