This consultation ran between 21 February and 22 May 2024.

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What was this consultation about?

There are currently magistrates’ courts guidelines for aggravated vehicle taking offences involving dangerous driving, accident causing injury, and causing damage to vehicle/property. However, these were published in 2008and do not follow the detailed, step-by-step format now familiar to the courts. They also do not provide sentence levels for the Crown Court.

This consultation therefore sought views on a comprehensive package of new and revised guidelines for aggravated vehicle taking offences, for use in both the magistrates’ courts and in the Crown Court.

A further guideline which dates back to 2008 and requires updating relates to vehicle licence and registration fraud. The scope of this offence has changed since the publication of this guideline and the Council therefore consulted on a revised guideline for this offence.

This consultation also sought views on a draft overarching guideline on disqualification. This covers when disqualification is available, the principles to follow when setting the length of a disqualification (including interaction with time spent in custody), and when exemptions may or may not apply.

The consultation also covered several other miscellaneous matters relating to motoring which have been raised with the Council.

Who was asked to respond?

We sought views from anyone who uses sentencing guidelines in their work or who has an interest in sentencing. We would also sought views from individuals and organisations representing anyone who could be affected by the proposals including:

• victims and their families;
• defendants and their families;
• those under probation supervision or youth offending teams/supervision;
• those with protected characteristics: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

What did we want to know?

Through this consultation process we asked consultees to tell us about:

• the principal factors that make any of the offences included within the draft guidelines more or less serious;
• the additional factors that should influence the sentence;
• the types and lengths of sentence that should be passed;
• the overarching guideline on how to approach imposing driver disqualifications;
• whether there are any issues relating to disparity of sentencing and/or broader matters relating to equality and diversity that the guidelines could and should address; and
• anything else you think should be considered.

Related documents

• Draft: Aggravated vehicle taking – dangerous driving – for consultation only
• Draft: Aggravated vehicle taking – causing damage – for consultation only
• Draft: Aggravated vehicle taking – causing injury – for consultation only
• Draft: Aggravated vehicle taking – causing death – for consultation only
• Draft: Vehicle registration fraud – for consultation only
• Draft: Overarching guideline – Driving disqualification
• Resource assessment
• Statistical bulletin