Policy paper

Road traffic offences: Police, Crime, Sentencing and Courts Bill 2021 factsheet

Updated 20 August 2022

This government has been clear that punishments must fit the crime, but too often families tell us this isn’t the case with killer drivers.

So, today I am announcing that we will bring forward legislation early next year to introduce life sentences for dangerous drivers who kill on our roads, and ensure they feel the full force of the law.

Rt Hon Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice

1. What are we going to do?

The government is bringing forward changes to driving penalties to meet its longstanding commitment to ensure the courts have the powers they need to deal with those drivers who kill by dangerous driving or by careless driving when under the influence of alcohol or drugs.

The government is also bringing forward a new offence of causing serious injury by careless driving, as no current offence adequately punishes the serious and potentially life changing injuries that can result from careless driving.

2. How are we going to do it?

The Bill will make amendments to existing legislation in order to:

• increase the maximum penalty for causing death by dangerous driving from 14 years’ imprisonment to life imprisonment

• increase the maximum penalty for causing death by careless driving when under the influence of drink or drugs from 14 years’ imprisonment to life imprisonment

• create a new offence of causing serious injury by careless driving with a maximum penalty of 2 years’ imprisonment

3. Background

The government committed to changing the law on causing death by dangerous driving, following a review in 2014. A subsequent consultation on driving offences and penalties relating to death or serious injury was launched in 2016.

The government response to the consultation, published in 2017, committed to legislative change that would increase the maximum penalty to life for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs and introduce a new offence of causing serious injury by careless driving.

The aim of the government is to make sure that the penalties available to the courts for such offences are proportionate and reflect the seriousness of the offences committed. The government also wants to close a gap in the law relating to serious injury.

4. Frequently Asked Questions

4.1 Why increase the maximum penalties for these offences?

The government is determined to see safer roads for all users and provide the courts with wider powers to deal with cases where culpability of the offender is high.

Whilst many deaths and injuries are the result of a tragic accident, too many of these incidents involve criminal behaviour.

Increasing the maximum penalty available for the specific driving offences of causing death by dangerous driving and causing death by careless driving under the influence of drink or drugs from 14 years to life imprisonment will mean that these offences have the same maximum penalty as manslaughter.

Where there is evidence to show that the vehicle was intentionally used as a weapon to kill or commit grievous bodily harm the Crown Prosecution Service can, and will, charge a person with murder or manslaughter.

4.2 Why is a new offence necessary?

The government wants to close a gap in the law that fails to recognise the harm caused where drivers cause serious injury by their careless driving.

There are currently two specific driving offences of causing serious injury:

• causing serious injury by dangerous driving
• causing serious injury by driving if a disqualified driver

There is no specific offence of causing serious injury by careless driving even though injuries caused by careless driving can be wide ranging and may result in permanent and life changing injury.