Motoring Offences: Custodial Sentences (Hansard, 25 February 2004)

§ Lord Bassam of Brighton
My Lords, taking the most recent published statistics, on 30 June 2002, the number of offenders in prison sentenced for burglary was 9,152 compared with 343 for causing death by reckless driving and 2,319 for other motoring offences, including carjacking and drink-driving.

§ Earl Ferrers
My Lords, I am grateful to the Minister for that Answer, which does not wholly surprise me. However, is he aware that, in 2002, 15,000 drivers and 10,000 burglars were sentenced to prison? In other words, 5,000 more people received custodial sentences for driving offences than for burglary. The number of drivers sent to prison to await trial has increased by more than 400 per cent since 1992. Does the Minister agree that most people are drivers and intend to drive well, and few people are burglars and have no intention of behaving well? Have the Government not got their custodial offences somewhat topsy-turvy?

§ Lord Bassam of Brighton
My Lords, this is an interesting question, because statistics can be variously interpreted. The first thing to remember is that sentencing is a matter for the courts. We would all agree with and accept that. It is worth listing the range of serious offences that fall under the motoring category. They include: causing death by dangerous driving causing death by careless driving, causing death by aggravated vehicle taking, causing bodily harm by furious driving, dangerous driving and driving while disqualified. The largest number of people who suffer—or enjoy, depending on one's interpretation—a prison 226 sentence are those convicted of driving while disqualified, and they would have to have committed several offences before they were disqualified. It is therefore no great surprise that, in 2002, some 13,000 attracted a custodial sentence. A large number of people are going through our courts and are being convicted of very serious motoring offences that are subject to a custodial sentence.
The average custodial sentence for those convicted of a serious motoring offence is, in the end, 4.3 months. Therefore, the period of time that somebody spends in prison as a result of being convicted for a serious motoring offence is rather shorter than the period for which a burglar would be convicted.

§ Lord Faulkner of Worcester
My Lords, is my noble friend aware that the robust nature of his answer will be warmly welcomed by road safety campaigners everywhere who are concerned that the number of people killed on the roads still exceeds 3,500 a year, which is a national scandal? A large number of those people are killed as a result of the wanton action of criminals. If they subsequently go to gaol, then that is what must happen. Does he not agree that the sentences are commensurate with the scale of the offence?

§ Lord Bassam of Brighton
My Lords, I certainly hope that they are, because that is exactly why the courts are given such discretion. They have the authority to ensure that the appropriate sentence is meted out for the crime before them. When we devil away and look into the detail of the figures, that is the story they tell.

§ Lord Hylton
My Lords, is it not clear from a Question yesterday that the number of people in prison is far too high, with damaging consequences for regimes and rehabilitation? Will the Government therefore issue guidance to try to minimise the number of remands in custody and maximise the use of non-custodial sentences for non-violent offenders?

§ Lord Bassam of Brighton
My Lords, the Government's policy intent is to ensure the independence of the judiciary. That is paramount when it comes to sentencing. It is certainly right that we have the Sentencing Guidelines Council and it is the Home Secretary's intention to ensure that we have a full range of penalties appropriate for the crime. That is exactly what we have provided. Since we came to office in 1997, we have extended the range of community penalties and sentences and improved the quality of supervision. Those things should give reassurance.

§ Lord Mackay of Clashfern
My Lords, how many road traffic offences carry the possibility of custodial sentences?

§ Lord Bassam of Brighton
My Lords, looking at the list in front of me, I believe that there are in the region 227 of 12. I am happy to provide the noble and learned Lord with a fuller and more accurate statistic and I will try to list each category of offence.

§ Lord Dholakia
My Lords, if the custodial options are so short, are they appropriate, save in cases of dangerous driving when death has occurred? Will the Minister not consider non-custodial options? In particular, will he have a word with the Sentencing Guidelines Council to ensure that people are not sent to prison for lesser offences?

§ Lord Bassam of Brighton
My Lords, obviously prison is not an option for lesser motoring offences. However, the penalty must fit the crime. That is what we intend and that is the course of action that we have set ourselves by way of policy, which the public generally support.

§ Viscount Tenby
My Lords, I declare an interest as a magistrate on the supplementary list. The most common motoring offences leading to custodial sentences are driving without tax and, much more importantly, driving without insurance—driving while uninsured not just once, but repeatedly. In the right circumstances, no one is more in favour of non-custodial sentences than I am, but surely the prime duty of the law is to protect innocent people from death and injury.

§ Lord Bassam of Brighton
My Lords, the noble Viscount's final point is the most important one. That is why the sentencing approach should ensure that there is certainty and that people in the wider community understand that if they break the law in a very serious way, in a way that endangers public safety, then they can expect to meet the full force of the law.

§ Lord Harrison
My Lords, would my noble friend advise burglars not to speed away from the scene of their crimes for fear of being caught by speed cameras?

§ Lord Bassam of Brighton
My Lords, I am sure that that makes some sense.

§ Baroness Trumpington
My Lords, did the figures that the Minister gave us include remand prisoners? Does he agree that people spend far too much time on remand? What steps are the Government taking to reduce that period of remand?

§ Lord Bassam of Brighton
My Lords, I am aware that the number of prisoners on remand and held in prison is an issue of concern. The Government's intention is to reduce the period of time that it takes to bring people to court so that they can meet their sentence, as it were. I believe that it is important that we follow that course.