the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; Aggressive driving, such as driving much too close to vehicle in front, racing, inappropriate attempts to overtake, or cutting in after overtaking, Driving when knowingly suffering from a medical condition which significantly impairs the offender’s driving skills, Driving a poorly maintained or dangerously loaded vehicle, especially where motivated by commercial concerns, Offence due to inexperience rather than irresponsibility of driver, Offence committed whilst on bail for other offences, Offence was racially or religiously aggravated, Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation), Offence motivated by, or demonstrating, hostility based on the victim’s disability (or presumed disability). Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. Cases involving death or serious injury are some of the “hardest cases” to sentence: … Passing the custody threshold does not mean that a custodial sentence should be deemed inevitable. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. Disqualification of company directors, 16. It’s just as dangerous as drink driving and you face equally tough penalties – even if it’s your first offence: A minimum 12-month driving ban; 3-11 penalty points on your driving licence; Up to 6 months in prison; An unlimited fine; An offence which stays on your licence for 11 years. It typically arises out of driving significantly over the speed limit, or driving so badly that you are a danger to yourself or others. If you are convicted of Careless Driving, you face having between 3 and 9 penalty points put on your licence. I would like to take this opportunity to say a big “thank you” to everyone involved and all their hard work. This is where cases are heard for anyone wishing to appeal a driving ban. Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. – Richard Sully, Hamilton Sheriff Court. Joe was very understanding and always to there to answer any questions I had. The Court of Appeal hears cases from across Scotland, from all criminal courts, including the Justice of the Peace Courts and Sheriff Courts. Dangerous driving includes behaviour that could potentially endanger yourself or other drivers. Joe worked very hard to get the charge down from Dangerous Driving to Careless Driving. “I would definitely recommend you to anyone who finds themselves in the unfortunate situation that I experienced. Introduction to out of court disposals, 5. I ended up with 3 points and a £300 fine. The Scottish Sentencing Council is today publishing two reports on sentence discounting and environmental and wildlife crime, as part of its work on developing sentencing guidelines in both these areas. We'll assume you're ok with this, but you can opt-out if you wish. This website uses cookies to improve your experience. Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area; High level community order to 26 weeks custody Disqualify 15 – 24 months. Sentencing guidelines help make sure that judges and magistrates in courts across England and Wales take a consistent approach to sentencing. Finally, it should be noted that if the evidence against you is overwhelming it may be advi… I would not hesitate in recommending Joe to anyone. Whenever the court reaches the provisional view that a community order may be appropriate, it should request a pre-sentence report (whether written or verbal) unless the court is of the opinion that a report is unnecessary in all the circumstances of the case. The Appeal Court sits from 10.30 am on weekdays. Whenever the court reaches the provisional view that: the court should obtain a pre-sentence report, whether verbal or written, unless the court considers a report to be unnecessary. Call 01387 640415. In particular, they can have the effect of restricting the offender’s liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. Causing death by dangerous driving (Section 1 RTA 1988) Penalty: 1 to 14 years in prison, and disqualified for a minimum of two years; Causing death … Emergency workers for the purposes of … It is also a term of art used in the definition of the offence of causing death by dangerous driving. I was originally charged with Dangerous Driving after being clocked at 134mph on the A1. He was very knowledgeable and clear throughout and didn’t give me any false hopes. 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. Dangerous driving is probably the most common road traffic offence that is sent to the Crown Court. If you are convicted, you face a minimum ban of 12 months and you will have to resit an extended version of the driving test. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence: Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more relevant previous convictions. Criminal justice – where does the Council fit? See Dangerous driving#"Dangerously" Mode of trial. This was reduced to a speeding charge with far lesser consequences, I was expecting the worst; a very long driving ban, a really heavy fine and the dread of having to resit an extended test. taking photographs of a victim as part of a sexual offence), In property offences, high value (including sentimental value) of property to the victim, or substantial consequential loss (e.g. The sentencing guidelines widely published and used in England are not authoritative and therefore to be followed in Scotland as was demonstarted by the High court of appeal case. 65. death by dangerous driving to ensure that courts are given the sentencing powers they need to deal effectively with the worst dangerous driving offences. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. “Joe successfully defended a dangerous driving charge. Drug-driving is a criminal offence. After substantial negotiations during my trial Joe managed to get the racing at 100mph charged dropped completely and the dangerous driving charged reduced to very minor careless driving charge. In particular, a Band D fine may be an appropriate alternative to a community order. Applies to four offences of causing death by dangerous driving; causing death by driving under the influence of alcohol or drugs; causing death by careless driving; and causing death by driving: unlicensed, disqualified or uninsured drivers. Penalties for Careless Driving in Scotland The penalties for careless driving include fines of up £5,000 and between 3-9 penalty points or a discretionary driving disqualification. Road Traffic Expert Lawyers & Solicitors for: speeding, drink driving, careless driving, dangerous driving etc. 2) Is it unavoidable that a sentence of imprisonment be imposed? 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. (b) in Scotland, severe physical injury. A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. It may be helpful to indicate to the National Probation Service the court’s preliminary opinion as to which of the three sentencing ranges is relevant and the purpose(s) of sentencing that the package of requirements is expected to fulfil. 66. Must order extended re-test. Hostility. Custody should not be imposed where a community order could provide sufficient restriction on an offender’s liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. Council issues this deinitive guideline. View guidance on available ancillary orders and compensation. Essentially, as Dangerous Driving in Scotland is a serious charge, it is a good idea to make detailed notes as soon as possible after the incident while events are still fresh in your mind. The penalties for dangerous driving are heavy. Drive Smart. Dangerous driving offences can be difficult to … Imposition of fines with custodial sentences, 2. If an adjournment cannot be avoided, the information should be provided to the National Probation Service in written form and a copy retained on the court file for the benefit of the sentencing court. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks, Attendance centre requirement (where available), Curfew requirement for example up to 16 hours for 2 – 3 months, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 – 12 months, Exclusion requirement lasting in the region of 12 months. Scottish Sentencing Council revamps the research section of its website as two new reports are published. Triable either wayMaximum when tried summarily: Unlimited fine and/or 6 monthsMaximum when tried on indictment: 2 years, If there is a delay in sentencing after conviction, consider interim disqualification. In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. I really appreciate everything that Joe has done.” Driving / Attempting to Drive Offences. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. The imposition of a custodial sentence is both punishment and a deterrent. Before phoning, I did quite a bit of research on Dangerous Driving. The new charge of causing death by careless driving will apply in England, Wales and Scotland and will carry a maximum five-year sentence. “Having been charged with a Section 2 Dangerous Driving case for allegedly doing 100mph on the A75 road in Dumfries I realised my license was at risk with a minimum 12 month ban. The case was very complex and time consuming, not only did Joe quickly grasp all the nuances of the case, he presented the defence in court with great skill. Sentencing guidelines duties: interpretation . The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. A person convicted of causing death by dangerous driving is liable to imprisonment for a term not exceeding fourteen years. It replaces the former offence of reckless driving. Community orders can fulfil all of the purposes of sentencing. Thanks Joe! (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. The ban comes with a fine, which can be very large: there is no law which limits the fine and dangerous driving is considered to be a significant criminal offence. where the theft of equipment causes serious disruption to a victim’s life or business), A greater degree of provocation than normally expected, Youth or age, where it affects the responsibility of the individual defendant, The fact that the offender played only a minor role in the offence, Reduction in Sentence for a Guilty Plea (where. 3) What is the shortest term commensurate with the seriousness of the offence? Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offender’s response to earlier sentences. – Neil Gas, Jedburgh Sheriff Court. Disqualification until a test is passed, 6. This guideline applies to all offenders who are sentenced on or after 26 November 2018 Scottish Sentencing Council , Parliament House, Edinburgh EH1 1RQ Tel: 0300 790 0006 Email: sentencingcouncil@scotcourts.gov.uk 64. iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates’ courts sentencing powers). © Copyright 2011 Champion MacPherson Solicitors. Joe worked very hard to get the charge down from Dangerous Driving to Careless Driving. A very harsh lesson in life learned but made easier to bear by the unbelievable outcome in court. A community order must not be imposed unless the offence is ‘serious enough to warrant such a sentence’. 2. Thanks Joe! The views expressed are those of the authors and do not necessarily represent those of the Council. Literature review prepared for the consideration of the Scottish Sentencing Council. 67. Reduced period of disqualification for completion of rehabilitation course, 7. Would recommend without hesitation if anyone is in as much trouble as I was. – JW, Dumfries Sheriff Court, “Following an accident I was charged with Dangerous Driving and was facing a ban, which would have resulted in me losing my job as I am an HGV driver. A very harsh lesson in life learned but made easier to bear by the unbelievable outcome in court. 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