SOFT-TOUCH LICENCE TO KILL BY CAR
Half of drivers who cause fatal crashes duck jail
MORE than half of killer drivers were spared jail last year in favour of community service, fines or a verbal warning.
Shocking figures show 56 per cent avoided prison despite causing misery for relatives of those they killed.
Some killer drivers who were drunk or on drugs at the time of the incident have been given a Community Payback Order (CPO) or a financial penalty.
In one case, a killer driver was given an admonishment – effectively a sheriff’s verbal warning.
The Scottish Sentencing Council (SSC), set up to issue guidelines to courts, is investigating the issue as concern grows over the ‘soft-touch’ approach.
Last night, Scottish Tory justice spokesman Douglas Ross said: ‘When a victim loses their life, their families and friends will rightly expect justice to be done.’
He added: ‘Many people would expect someone who has taken a life through
dangerous driving to serve at least some time behind bars.
‘It may not sit well with the families of victims if offenders are able to escape a prison sentence despite ending a life.’
The latest statistics follow a recent consultation by the UK Government which proposes toughening up maximum penalties for drivers who kill.
The Scottish Government figures show that in 2015-16 there were 41 convictions for causing death by dangerous driving, causing death by careless driving when under the influence of drink and drugs, or causing death by careless driving.
Only 18 convicted of these offences went to jail, while the other 23 – around 56 per cent – were given soft-touch punishments such as CPOs.
In 2015-16, 16 were given CPOs for causing death by careless driving, while four were given financial penalties and one was given an admonishment.
Four were jailed for causing death by careless driving, two were given a CPO for causing death by dangerous driving, with 13 sent to jail, while one was jailed for death by careless driving under the influence of drink or drugs.
There was only one such conviction – drink or drugdrivers who kill – in 2015-16.
This category normally results in a prison term but in 2006-07, one killer driver who was drunk or on drugs was given a CPO, while another received a financial penalty.
Dangerous driving is driving that ‘falls far below what would be expected of a competent and careful driver’.
Careless driving is defined as falling below, rather than ‘far below’, what would be expected of a ‘competent and careful driver’.
Mike Bristow, spokesman for road safety charity Brake, said: ‘All too often, drivers who kill or maim receive lenient sentences and escape prison.
‘Drivers who have behaved so dangerously as to cause the death of another person must face serious charges and penalties.
‘We urge the SSC and the UK Government to use the full extent of the law to ensure dangerous drivers are punished accordingly.’
The figures come after Government data earlier this year showed that killers of all kinds are being handed the shortest jail sentences for a decade.
The average prison term for ‘homicide’ offences is five years and three months, down from seven years and two months in 2007.
Soft-touch policies such as community service and electronic tagging – which ministers plan to expand – have cut the prison population.
Scottish Labour justice spokesman Claire Baker said: ‘Community service has an important part to play in our justice system, but it is concerning when so many cases resulting in a loss of life are receiving a lower sentence. Families are devastated by these crimes and they must feel justice has been served.’
Commenting on its plans for sentencing guidelines in cases involving killer drivers, an SSC spokesman said: ‘As announced in our business plan for 2015-18, one of the first offence-specific guidelines to be prepared by the SSC is intended to focus on causing death by driving, the circumstances of which can lead to difficult sentencing decisions.’
The SSC said it ‘will consult on these and other guidelines, including with interested organisations and the public’.
Powers over sentencing in relation to dangerous driving – for example maximum penalties – are reserved to Westminster. But the SSC could produce guidelines for Scottish courts on how to operate within the parameters set by the UK Government.
Sheriffs and judges can make decisions which do not comply with SSC guidelines, to preserve their discretion, but must produce an explanation for why they have done so.
A UK Government spokesman said its consultation had asked whether or not maximum penalties should be increased. Proposals include raising the maximum sentence for drink or drug drivers from 14 years to life.
A Scottish Government spokesman said: ‘Any death on our roads is a tragedy and the Crown will take proceedings against those responsible where appropriate.
‘However, where a conviction is secured, it is for the presiding judge or sheriff to determine the sentence based on the offence and the individual circumstances in each case.’
‘Use the full extent of the law’