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New Sentencing Guidelines for Fatal Driving Cases |
| Written by R Clarke | |
| Wednesday, 16 July 2008 | |
 New sentencing guidelines for fatal driving cases came into effect yesterday, although they will not be applied to existing cases until 4th August 2008. Under the new guidelines use of a mobile phone for either calls or texting is regarded as an "avoidable distraction" and extended use is regarded as a "gross avoidable distraction". Where death is caused by dangerous driving as a result of or contributed to by an avoidable distraction the starting point will be 3 years in prison, whereas for gross avoidable distractions it will be 5 years. In reality anyone convicted of causing death by dangerous driving has always been looking at a prison sentence, so this is more a change of emphasis than anything else. As Richard Clarke, Managing Partner of Motor Defence Team, explained on the BBC News Channel, any sentence has a deterrent element. We are seeing a change in emphasis overall from punishment for the level of bad driving to a focus on the effect of the driving. However, for the deterrent element to have effect drivers have to perceive a real risk that they will have an accident and possibly kill someone by their actions before they will address their driving. The current emphasis is on punishment after the death has occurred. While this may appease the families of some victims, it is important that future deaths are avoided. This requires a programme of both education and enforcement, with traffic officers on the streets punishing people for dangerous driving. The emphasis on speed cameras has detracted from this. As long as we continue to see drivers on their phones every day it is clear that the changes are not working and not being taken seriously.
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