Causing serious injury by driving: disqualified drivers

A

• Vehicle obtained during disqualification period
• Driving for commercial purposes
• Driving a goods vehicle, PSV etc

  For the purposes of this guideline:

  - “goods vehicle”  means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted and includes both light and heavy goods vehicles.

  - “public service vehicle” means a motor vehicle which—

  (a)  being a vehicle adapted to carry more than eight passengers, is used for carrying passengers for hire or reward; or

  (b)  being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.

• Significant distance driven

B

• Cases falling between higher and lesser culpability because:

• • Factors are present in culpability A and C which balance each other out and/or
  • The offender’s culpability falls between the factors as described in culpability A and C

C

• The offender genuinely believed that he or she was not disqualified to drive
• Decision to drive was brought about by a genuine and proven emergency
• Driving whilst disqualified by pressure, coercion or intimidation (where not amounting to a defence)

Category 1

• Particularly grave and/or life-threatening injury caused
• Injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment
• Offence results in a permanent, irreversible injury or condition which has a substantial and long term effect on the victim’s ability to carry out normal day to day activities or on their ability to work

Category 2

• All other cases

• Actions of the victim or a third party contributed significantly to collision or injury
• Efforts made to assist or seek assistance for victim(s)
• Remorse

  Effective from: 01 October 2019 (revised 1 April 2024)

  Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm

  The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction).

  Lack of remorse should never be treated as an aggravating factor.

  Remorse can present itself in many different ways. A simple assertion of the fact may be insufficient.

  The court should be aware that the offender’s demeanour in court or the way they articulate their feelings of remorse may be affected by, for example:

  • nervousness
  • a lack of understanding of the system
  • mental disorder
  • learning disabilities
  • communication difficulties (including where English is not their first language)
  • a belief that they have been or will be discriminated against
  • peer pressure to behave in a certain way because of others present
  • age and/or a lack of maturity etc.

  If a PSR has been prepared it may provide valuable assistance in this regard.

  Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

• The victim was a close friend or relative
• Serious medical condition requiring urgent, intensive or long-term treatment

  Effective from: 01 October 2019

  Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence

  • The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case.
  • However, such a condition, even when it is difficult to treat in prison, will not automatically entitle the offender to a lesser sentence than would otherwise be appropriate.
  • There will always be a need to balance issues personal to an offender against the gravity of the offending (including the harm done to victims), and the public interest in imposing appropriate punishment for serious offending.
  • A terminal prognosis is not in itself a reason to reduce the sentence even further. The court must impose a sentence that properly meets the aims of sentencing even if it will carry the clear prospect that the offender will die in custody. The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure (ERCG).
  • But, an offender’s knowledge that he will likely face the prospect of death in prison, subject only to the ERCG provisions, is a factor that can be considered by the sentencing judge when determining the sentence that it would be just to impose.
• Age and/or lack of maturity (which may be applicable to offenders aged 18-25)

  Effective from: 01 October 2019 (revised 1 April 2024)

  Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm

  Where a person has committed the offence under the age of 18, regard should be had to the overarching guideline for sentencing children and young people. That guideline may also be relevant to offending by young adults.

  Age and/or lack of maturity can affect:

  • the offender’s responsibility for the offence and
  • the effect of the sentence on the offender.

  Either or both of these considerations may justify a reduction in the sentence.

  The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). 

  In particular young adults (typically aged 18-25) are still developing neurologically and consequently may be less able to:

  • evaluate the consequences of their actions
  • limit impulsivity
  • limit risk taking

  Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers.

  Immaturity can also result from atypical brain development. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development.

  An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody.

  An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support.

  There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct.

  Many young people who offend either stop committing crime, or begin a process of stopping, in their late teens and early twenties.  Therefore a young adult’s previous convictions may not be indicative of a tendency for further offending.

  Where the offender is is care experienced or a care leaver the court should enquire as to any effect a sentence may have on the offender’s ability to make use of support from the local authority. (Young adult care leavers are entitled to time limited support. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point). See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17).

  Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3).

  When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR.

• Mental disorder or learning disability

  Effective from: 01 October 2020

  Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence

  Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline.

  Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders.

• Sole or primary carer for dependent relatives

  Effective from: 01 October 2019 (revised 1 April 2024)

  Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm

  This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered.  See also the Imposition of community and custodial sentences guideline.

  For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing.

  Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended.

  For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight.

  ­When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements.

  The court should ensure that it has all relevant information about dependent children before deciding on sentence.

  When an immediate custodial sentence is necessary, the court must consider whether proper arrangements have been made for the care of any dependent children and if necessary consider adjourning sentence for this to be done.

  When considering a community or custodial sentence for an offender who has, or may have, caring responsibilities the court should ask the Probation Service to address these issues in a PSR.

  Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 119 to 125)

• Pregnancy, childbirth and post-natal care

  Effective from: 01 April 2024

  Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm

  When considering a custodial or community sentence for a pregnant or postnatal offender (someone who has given birth in the previous 12 months) the Probation Service should be asked to address the issues below in a pre-sentence report. If a suitable pre-sentence report is not available, sentencing should normally be adjourned until one is available.

  When sentencing a pregnant or postnatal woman, relevant considerations may include:

  • the medical needs of the offender including her mental health needs
  • any effect of the sentence on the physical and mental health of the offender
  • any effect of the sentence on the child

  The impact of custody on an offender who is pregnant or postnatal can be harmful for both the offender and the child including by separation, especially in the first two years of life.

  Access to a place in a prison Mother & Baby Unit is not automatic and when available, the court may wish to enquire for how long the place will be available.

  Women in custody are likely to have complex health needs which may increase the risks associated with pregnancy for both the offender and the child. The NHS classifies all pregnancies in prison as high risk.

  There may be difficulties accessing medical assistance or specialist maternity services in custody.

  This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. See also the Imposition of community and custodial sentences guideline.

  For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing.

  Where immediate custody is unavoidable, all of the factors above may be relevant to the length of the sentence.

  The court should address the issues above when giving reasons for the sentence.

• Difficult and/or deprived background or personal circumstances

  Effective from: 01 April 2024

  Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm

  The court may be assisted by a pre-sentence report in assessing whether there are factors in the offender’s background or current personal circumstances which may be relevant to sentencing. Such factors may be relevant to:

  • the offender’s responsibility for the offence and/or
  • the effect of the sentence on the offender.

  Courts should consider that different groups within the criminal justice system have faced multiple disadvantages which may have a bearing on their offending. Such disadvantages include but are not limited to:

  • experience of discrimination
  • negative experiences of authority
  • early experience of loss, neglect or abuse
  • early experience of offending by family members
  • being care experienced or a care leaver
  • negative influences from peers
  • difficulties relating to the misuse of drugs and/or alcohol (but note: being voluntarily intoxicated at the time of the offence is an aggravating factor)
  • low educational attainment
  • insecure housing
  • mental health difficulties
  • poverty
  • direct or indirect victim of domestic abuse

  There are a wide range of personal experiences or circumstances that may be relevant to offending behaviour. The Equal Treatment Bench Book contains useful information on social exclusion and poverty (see in particular Chapter 11, paragraphs 58 to 71). The Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline may also be of relevance.

• Prospects of or in work, training or education

  Effective from: 01 April 2024

  Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm

  This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered.  See also the Imposition of community and custodial sentences guideline.

  Where an offender is in, or has a realistic prospect of starting, work, education or training this may indicate a willingness to rehabilitate and desist from future offending.

  Similarly, the loss of employment, education or training opportunities may have a negative impact on the likelihood of an offender being rehabilitated or desisting from future offending.

  The court may be assisted by a pre-sentence report in assessing the relevance of this factor to the individual offender.

  The absence of work, training or education should never be treated as an aggravating factor.

  The court may ask for evidence of employment, training etc or the prospects of such, but should bear in mind any reasonable practical difficulties an offender may have in providing this.

  For more serious offences where a substantial period of custody is appropriate, this factor will carry less (if any) weight.