Thank you for emailing me about dangerous driving and sentencing.
I join the Government in their commitment to creating safer roads for all road users. It is important to consider that many deaths and injuries on the roads are a consequence of tragic accidents. However, too many involve criminal behaviour and I agree that more needs to be done to ensure justice is served in cases where culpability of an offender is high.
I welcome the fact that the Police, Crime, Sentencing and Courts Bill will increase the maximum penalty for causing death by dangerous driving and death by careless driving when under the influence of drink or drugs to life imprisonment. In addition, it is the case that there is a gap in the law relating to serious injury. I therefore welcome the fact that the Bill will also create a new offence of causing serious injury by careless driving.
I am aware of the amendments proposed to the Bill regarding the definition of exceptional hardship. However, I do not believe it is necessary to further define what should be considered exceptional hardship when deciding whether or not to disqualify a driver. I am concerned that the amendment would introduce a narrow definition that would not be able to account for all the circumstances that are presented to the courts. It would remove the court’s freedom to use their experience to reach decisions based on all of the circumstances of the cases before them. I will however follow the debate on this amendment carefully as the Bill progresses through Parliament.
I am aware of the tragic circumstances surrounding the death of Ryan Saltern. I extend my sympathies to Ryan's family and friends. It is unacceptable for drivers to fail to stop and report an incident, and the Government rightly takes this issue seriously.
I understand that the vast majority of failure to stop and report offences involve low level traffic incidents, while a small number of cases may be related to an incident which causes death or serious injury. Where there is evidence the driver caused harm, there are various offences for which the driver may be charged, including causing death or serious injury from dangerous or careless driving. In these cases, the courts will treat the failure to stop as an aggravating factor in the sentencing decision. A 'hit and run' offence is therefore designed to deal with behaviour relating to failing to stop, not as an alternative route to punish an offender for a more serious, but unproven offence.
Nevertheless, I have been assured that the Department for Transport continues to look into the issue of incidents of failure to stop resulting in death or serious injury, to explore whether there are further options that can be pursued.
Thank you again for contacting me.