New Sentencing Guidelines for Motoring Offences

The Sentencing Council has published 12 new and revised sentencing guidelines for offenders convicted of motoring offences in England and Wales.

The new and revised guidelines, which apply to adults only, will come into effect on 1 July 2023.

What have they revised?

 The changes include updated versions of six current guidelines that were published in 2008 and reflect new maximum sentences for some of the offences, including causing death by dangerous driving and causing death by careless driving while under the influence of alcohol or drugs.

They have also published five new guidelines for offences created since the current guidelines were published. They include causing serious injury by dangerous driving and causing serious injury by driving while disqualified.

 For the first time since the offences under section 5A of the Road Traffic Act 1988 (driving or attempting to drive or being in charge of a motor vehicle with a specified drug above the specified limit) came into force in March 2015, there will be definite guidelines. Prior to 1 July 2023, there has only been guidance on how these offences should be sentenced, which did not carry the same authority as sentencing guidelines and the Courts were not obliged to follow the guidance.

What will be the impact of these changes on actual sentences imposed?

Overall, the guidelines are anticipated to increase sentences for several offences, where sentence levels have been driven either by the new guidelines reflecting the changes to legislation introduced under the PCSC Act 2022, for sections 1 and 3A of the Road Traffic Act 1988, or by the knock-on effect this has had on the guidelines for other related motoring offences.

It is anticipated that for these offences the new guidelines will improve consistency of sentencing for these offences, but not lead to any notable changes in sentencing severity.

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