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Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.

Increased scrutiny for road traffic offences

Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.

Rise in trials

The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.

Technological advancements

The number of drivers being sent to prison following a collision has significantly increased due to the new offence of causing serious injury by careless driving and the new sentencing guidelines in England & Wales. 

Custody situation

Additional impacts:

Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.

Increased scrutiny for road traffic offences

Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.

Rise in trials

The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.

Technological advancements

The number of drivers being sent to prison following a collision has significantly increased due to the new offence of causing serious injury by careless driving and the new sentencing guidelines in England & Wales. 

Custody situation

Additional impacts:

Momentary lapses of attention, fatigue, improper footwear, absence of prescription vision aids, and dirty windscreens, can lead to significant consequences in accidents. These issues may now undergo additional scrutiny.

Increased scrutiny for road traffic offences

Those familiar with this area will notice an increase in trials related to “careless” offences causing death or serious injury. The criteria for culpability—whether it involves a lack of due care, attention, or reasonable consideration for other road users—is much lower and open to debate.

Rise in trials

The growing adoption of in-vehicle technology, including camera mirrors and automated vehicles, necessitates greater clarity in road traffic legislation. Specifically, issues related to culpability arise when drivers rely on technology for defence or mitigation.

Technological advancements

The number of drivers being sent to prison following a collision has significantly increased due to the new offence of causing serious injury by careless driving and the new sentencing guidelines in England & Wales.

Custody situation

Additional impacts:

The Road Traffic (NI) Orders of 1981 and 1995, and the Road Traffic Offenders (NI) 1996  cover common road traffic offences and penalties. Maximum sentences, for cases dealt with either summarily or on indictment, are provided for alongside penalty points and periods of mandatory disqualification. Current guidelines for Magistrates and sentencing guidelines for cases taken on indictment are available for the judiciary and practitioners.

Statistics released by the PSNI for 2023 confirm [2]:

Northern Ireland

On the one hand those developing strategies for punishment and rehabilitation take the view that custody may be counter-productive, and on the other, drivers – often ordinary hard-working members of the community, may face periods in jail following a mistake or oversight. 

Whilst road traffic legislation is UK wide, the sentencing practices and regimes vary significantly from those in England and Wales. 

Scotland

Causing serious injury by careless (or inconsiderate) driving is typically being dealt with before the Crown Court. Conviction can result in a custodial sentence of two years before the Crown Court or six months in the Magistrates' Court and incurs a mandatory disqualification from driving of a minimum of 12 months.

The introduction of a new offence of Causing Serious Injury by Careless Driving in June 2022 and a package of 12 new and revised sentencing guidelines for offenders convicted of motoring offences in England and Wales in July 2023, have further escalated the severity of punishments, with maximum custodial sentences for causing death by dangerous driving and causing death by careless driving under the influence now extending to life imprisonment. 

Year ending June 2023 [1]

England & Wales