Changes to road traffic offences in the Police, Crime, Sentencing and Courts Bill: Equalities Impact Assessment
Updated 2 August 2023
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Policy summary
The purpose of the policy is to amend existing legislation in order to increase the maximum penalties for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs from 14 years to life imprisonment and to introduce a new offence of causing serious injury by careless driving.
These provisions will apply to all offenders equally, regardless of gender, race, religion, age or disability. For reasons of consistency of treatment and approach between the road networks in different parts of the UK, matters relating to road traffic offences and penalties are generally reserved. These provisions will apply to England and Wales and will also be applied in Scotland.
This document assesses the potential equalities benefits and risks that have been identified in relation to each policy change. It considers the justification for the changes, any necessary mitigating actions which have been proposed to reduce the likelihood of the risks and includes an assessment of any equalities benefits
Sources of information
The main source of information used for this analysis is data on Criminal Justice System (CJS) outcomes (specifically sentencing) by age, sex and ethnicity in the annual Criminal Justice System Statistics Quarterly (CJSQ), which is published every year.[footnote 1]
We have also consulted:
- Statistics on Race and the Criminal Justice System 2018[footnote 2]
- Statistics on Women and the Criminal Justice System 2017[footnote 3][footnote 4]
- HM Prison and Probation Service (HMPPS) Offender Equalities Annual Report 2018 to 2019[footnote 5]
- Homicide in England and Wales: year ending March 2019[footnote 6]
- 2011 United Kingdom Census[footnote 7]
Equality considerations
In accordance with our duties under the Equality Act 2010 we have considered the impact of the proposals on individuals sharing protected characteristics in order to give due regard to the need to:
- eliminate unlawful discrimination, harassment and victimisation and other prohibited conduct under the Equality Act 2010
- advance equality of opportunity between different groups (those who share a relevant protected characteristic and those who do not); and
- foster good relations between different groups (those who share a relevant protected characteristic and those who do not)
Having ‘due regard’ needs to be proportionately considered against the nine “protected characteristics” under the Equality Act 2010 – namely race, sex, disability, sexual orientation, religion and belief, age, marriage and civil partnership, gender reassignment, pregnancy and maternity.
Availability of data
Detailed data about sentenced prisoners in the affected cohort is widely available for three of the nine protected characteristics – age, sex and ethnicity. We have used this data for our equality analysis. Although there are some data available on those serving sentences of imprisonment by other protected characteristics (see HM Prison and Probation Service (HMPPS) Offender Equalities 2018/19 report[footnote 8]), this does not allow us to compare the cohort of prisoners who will be affected by this change as we cannot match offenders by these characteristics to specific offences committed. We have not presented data where they are not available at sufficient quality and with sufficient coverage to be meaningful. Data is presented where known, therefore where sex, ethnicity or age are not stated or unknown they are omitted from analysis.
Affected groups
The proposed changes will have a direct impact on those offenders who are convicted of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. The maximum penalties for these offences would increase from 14 years to life imprisonment. The changes will also impact offenders convicted of the new offence of causing serious injury by careless driving, which would carry a two-year maximum sentence.
Offenders convicted of causing death by dangerous driving or causing death by careless driving when under the influence of drink or drugs could be affected by longer periods of custody, followed by a corresponding longer period of probation on licence. The creation of a new offence that carries a two-year maximum sentence would also increase the number of offenders receiving custodial sentences. The change will also affect the offenders’ families including spouses and civil partners as well as children, but data on the impact on marriage/civil partnership is unavailable.
The attached data show the number of offenders who would be affected by this change when applied to 2019 offender statistics, broken down by sex, ethnicity and age, and are based on the conviction ratio of adults and custody rates for Driving Offences in 2019. Given the small observed cases for each of the offences the policy will impact, it was deemed more appropriate to group such offences together to produce larger samples such that inferences drawn have more validity.
For the purposes of this analysis, we have compared the conviction ratio and custody rates for driving offences to those for all indictable offences, which would largely be unaffected by the policy, to determine the Equality Impact. The general population of England and Wales and Scotland was also used as a comparison group to provide further context but there are some caveats to drawing conclusions about overrepresentation this way because it is known that the overall CJS population is not proportionate to the general population by protected characteristics such as age, gender, and ethnicity (see Annex A).
The data suggests that some characteristics may be overrepresented in the offender population affected by this change, while other characteristics are represented in similar proportions in the affected group and in the comparison group. Specifically:
Sex
The proportion of males and females in the affected group is broadly equal to that in the unaffected group. 86% of those convicted for indictable offences were male whilst 85% of those convicted of driving offences were male. However, when compared to the general population where the proportion of male is slightly below 50% it is clear that men are overrepresented in these offender groups.
Furthermore, this disproportionate representation is evident when comparing the custody rate for driving offences for male and female offenders (69% and 28% respectively).
Ethnicity
Where ethnicity was known, the proportion of White, Mixed, and Chinese and Other offenders in the affected group of driving offenders is lower than the proportion in the general population of England and Wales and Scotland. This is complemented by an overrepresentation of Black and Asian people as a proportion of the offenders (7% and 9% respectively) relative to the total population (3.3% and 6.8%).
The latest ethnicity data about the general population produced by the Office for National Statistics is the 2011 United Kingdom Census, which could be outdated and no longer representative of the population in 2020. Therefore, the comparisons between the offender population and the general population could draw inaccurate conclusions.
Age
Offenders aged 21-24, 25-29, and 30-39 appear to be overrepresented when comparing these groups’ custody rate for those convicted of driving offences (75%, 76%, and 72%) with the overall custody rate of 63%. This is matched by an underrepresentation of older offenders, with below-average custody rates of those aged 50-59 and 60+ (43% and 21%, respectively).
It was not possible to repeat this exercise for the conviction ratio because the data was unavailable.
Other protected characteristics
We do not hold data on the protected characteristics of the impacted pools relating to religion or belief, disability, marriage or civil partnership, pregnancy and maternity, sexual orientation or gender reassignment. However, we do not consider that these proposals are likely to result in any discrimination.
Eliminating unlawful discrimination
Direct discrimination
The law in England, Wales and Scotland applies to all members of the public. Similarly, these provisions apply to all members of the public who contravene road traffic legislation relating to these offences. There is therefore no direct discrimination within the meaning of the Equality Act as the law applies equally to all offenders charged and convicted of these offences. We do not consider that this results in people being treated less favourably because of protected characteristics.
Indirect discrimination
Most of the time, the vast majority of drivers drive well. However, sometimes even an error of judgment or loss of attention can have devastating consequences. As a general principle, the criminal law needs to take into account not only the harm caused, but the level of blame of the offender. Sentencing is a matter for the courts to determine in individual cases, based on the full facts of the case and of the offender before them. The government is however committed to ensuring that the legislative framework within which the courts operate reflects the seriousness of offending and the culpability of the offender. The aim behind these provisions is to ensure that the options available to the courts to punish drivers who cause death or serious injury on the roads are proportionate and reflect the seriousness of the offences committed.
Our assessment is that these provisions are not indirectly discriminatory within the meaning of the Equality Act as we believe they do not put people with protected characteristics at a particular disadvantage when compared to others who do not share those characteristics.
We recognise that groups with certain protected characteristics are over-represented amongst offenders who receive an immediate custodial sentence when compared to the general population for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs and amongst offenders who may be convicted and sentenced for the new offence causing serious injury by careless driving – see Annex A.
However, as is the case more generally across England and Wales and Scotland, there is over-representation of certain people in the criminal justice system with protected characteristics[footnote 9]. Further, it is important to highlight that the offences causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs are low volume offences, which means that the protected characteristics breakdowns given in Annex A are susceptible to fluctuations driven by a small number of cases.
We do not consider that this would amount to indirect discrimination, since we consider that the provisions in the Bill are a proportionate means of achieving the legitimate aim set out above.
Discrimination arising from disability and duty to make reasonable adjustments
In so far as this policy extends to disabled drivers, we believe that the policy is proportionate, having regard to its aim. It would not be reasonable to make an adjustment for disabled drivers so that they are out of scope of the proposals, but it remains important to make reasonable adjustments for disabled drivers to ensure appropriate support is given.
We do not consider that any adjustments are required for disabled people over and above the ones already in place in courts and prisons.
Harassment and victimisation
We do not consider there to be a risk of harassment or victimisation within the meaning of the Equality Act as a result of these changes.
Advancing equality of opportunity
We have had regard to this aspect of the equality duty but do not consider any changes to road traffic legislation would impact on the advancement of equality of opportunity.
Fostering good relations
We do not consider that there is any significant impact on the achievement of this objective.
Monitoring of impacts
The equality duty is an ongoing duty and we will draw on any data that could provide evidence on the impact of these changes to inform any future review of how the policies works for all affected offenders, including those with protected characteristics who are currently overrepresented in affected groups.
Annex A
Representation of protected characteristics for England and Wales and Scotland
Set out below is a summary of the current equalities data in England and Wales and Scotland for the various necessary offences and for the general population. To note, all data is for the population aged 18 plus and is for the year 2019.
To assess any differences in representation, care must be taken when comparing conviction and sentencing data for driving offences with the general population. It may be more appropriate to compare the conviction ratio (the rate that prosecutions end in conviction) and custody rate (the proportion of all sentences that were sentenced to immediate custody) for driving offences (Figures 3a and 3b) with the conviction ratio and custody rate for Indictable offences (Figures 2a and 2b) between protected characteristics, and also overall for driving offences overall.
Figure 1a : General population Mid-2019 estimates[footnote 10]
| Sex | Percentage |
|---|---|
| Male | 49.4% |
| Female | 50.6% |
| Age Range | Percentage |
|---|---|
| 18-20 | 4.4% |
| 21-24 | 6.5% |
| 25-29 | 8.6% |
| 30-39 | 16.9% |
| 40-49 | 16.2% |
| 50-59 | 17.1% |
| 60 plus | 30.2% |
Figure 1b: General population ethnicity breakdown (2011 Census)[footnote 11]
| Ethnicity | Percentage |
|---|---|
| White | 86% |
| Black | 3.3% |
| Asian | 6.8% |
| Mixed | 2.2% |
| Chinese and Other | 1.7% |
Figure 2a: Conviction ratio for indictable offences
Indictable offences conviction ratio: 64%
| Sex | Proportion convicted | Conviction ratio |
|---|---|---|
| Male | 86% | 63% |
| Female | 14% | 69% |
Total convicted, where sex is known: 198,508
| Age range | Proportion convicted | Conviction ratio |
|---|---|---|
| 18-20 | 8% | 60% |
| 21-24 | 12% | 61% |
| 25-29 | 16% | 63% |
| 30-39 | 31% | 66% |
| 40-49 | 17% | 67% |
| 50-59 | 7% | 61% |
| 60 plus | 3% | 55% |
Total convicted, where age is known: 201,745
| Ethnicity | Proportion convicted | Conviction ratio |
|---|---|---|
| White | 80% | 66% |
| Black | 10% | 59% |
| Asian | 6% | 58% |
| Mixed | 3% | 60% |
| Chinese and Other | 1% | 56% |
Total convicted, where ethnicity is known 152,623
Figure 2b: Custody rate for indictable offences
Indictable offences custody rate: 32%
| Sex | Proportion sentenced | Custody rate |
|---|---|---|
| Male | 86% | 35% |
| Female | 14% | 20% |
Total sentenced to custody, where sex is known: 64,568
| Age range | Proportion sentenced | Custody rate |
|---|---|---|
| 18-20 | 8% | 30% |
| 21-24 | 12% | 35% |
| 25-29 | 16% | 36% |
| 30-39 | 31% | 36% |
| 40-49 | 17% | 32% |
| 50-59 | 7% | 30% |
| 60 plus | 3% | 31% |
Total sentenced to custody, where age is known: 64,972
| Ethnicity | Proportion sentenced | Custody rate |
|---|---|---|
| White | 80% | 33% |
| Black | 10% | 35% |
| Asian | 6% | 37% |
| Mixed | 3% | 34% |
| Chinese and Other | 1% | 37% |
Total sentenced to custody, where ethnicity is known: 50,259
Figure 3a: Conviction ratio for driving offences
Driving offences conviction ratio: 92%
| Sex | Proportion convicted | Conviction ratio |
|---|---|---|
| Male | 85% | 93% |
| Female | 15% | 91% |
Total convicted, where sex is known: 721
| Age range | Proportion convicted | Conviction ratio |
|---|---|---|
| 18-20 | 9% | NA |
| 21-24 | 18% | NA |
| 25-29 | 20% | NA |
| 30-39 | 22% | NA |
| 40-49 | 10% | NA |
| 50-59 | 9% | NA |
| 60 plus | 11% | NA |
Total convicted, where age is known: 724
| Ethnicity | Proportion convicted | Conviction ratio |
|---|---|---|
| White | 81% | 93% |
| Black | 6% | 97% |
| Asian | 10% | NA |
| Mixed | 2% | - |
| Chinese and Other | 1% | - |
Total convicted, where ethnicity is known: 464
Figure 3b: Custody rate for driving offences
Driving offences custody rate: 63%
| Sex | Proportion sentenced | Custody rate |
|---|---|---|
| Male | 86% | 69% |
| Female | 14% | 28% |
Total sentenced to custody, where sex is known: 451
| Age range | Proportion sentenced | Custody rate |
|---|---|---|
| 18-20 | 9% | 63% |
| 21-24 | 18% | 75% |
| 25-29 | 19% | 76% |
| 30-39 | 23% | 72% |
| 40-49 | 10% | 59% |
| 50-59 | 8% | 43% |
| 60 plus | 11% | 21% |
Total sentenced to custody, where age is known: 452
| Ethnicity | Proportion sentenced | Custody rate |
|---|---|---|
| White | 82% | 65% |
| Black | 7% | 73% |
| Asian | 9% | 77% |
| Mixed | 1% | - |
| Chinese and Other | 1% | - |
Total sentenced to custody, where ethnicity is known: 308
Notes
Suppressed when volumes are 10 or less.
NA nil or data is not indicative due to small numbers (for example, conviction time lag).
Population data does not include those aged under 18.
A defendant who is committed from magistrates’ courts to the Crown Court may not have both courts’ processes complete within the same year, in which case they would be counted for each stage in the year that the court where it took place completed. This means that for a given year convictions may exceed prosecutions or sentences may not equal convictions. Defendants who appear before both courts may also be convicted at the Crown Court for a different offence to that for which they are counted as having been originally proceeded against at magistrates’ court, where the offence is changed after committal.
Driving Offences include:
- 4.12 Causing serious injury by dangerous driving (MOT)
- 4.4 Causing Death by Dangerous Driving (MOT)
- 4.6 Causing Death by Careless Driving when under the influence of Drink or Drugs (MOT)
- 4.8 Causing Death by careless or inconsiderate driving (MOT)
-
Criminal justice system statistics quarterly: December 2019 ↩
-
The Race and Women publications are published biennially (alternating with one another) every November, although equalities data is available every year from the CJSQ ↩
-
HM Prison and Probation Service offender equalities annual report 2018 to 2019 ↩
-
Office for National Statistics - Homicide in England and Wales: year ending March 2019 ↩
-
Office for National Statistics - 2011 Census: Detailed Characteristics for England and Wales, March 2011 ↩
-
HM Prison and Probation Service offender equalities annual report 2018 to 2019 ↩
-
Race and the criminal justice system (2018) and Women and the criminal justice system 2017 ↩
-
Office for National Statistics - Overview of the UK population: August 2019 ↩