§ Mr. Bestasked the Secretary of State for the Home Department what recent consideration he has given to the deterrent aspects of current drinking and driving legislation; and whether he will make a statement.
§ Mr. Giles ShawCurrent drinking and driving legislation, which is contained in the Road Traffic Act 1972, as amended by the Transport Act 1981, is designed to deter possible offenders both by the severity of the maximum penalties and by the increased effectiveness of enforcement by the police. The maximum penalty for driving with excess alcohol contrary to section 6 of the 1972 Act, is six months imprisonment or a £2,000 fine (level 5 on the standard scale) or both. Disqualification is obligatory, for a minimum of 12 months, or of three years where the offender has been convicted of the offence within the previous 10 years.
One of the major objectives of the changes enacted in 1981, which were brought into force on 6 May 1983, was to increase the likelihood of drunken drivers being detected and successfully prosecuted. This was achieved by simplifying the procedures to be used by the police at the roadside and subsequently at the police station, including evidential breath testing. Following the introduction of the new provisions both the number of roadside screening breath tests carried out and the number of successful prosecutions rose.
We will continue to keep the deterrent aspects of the legislation under review and my right hon. and learned Friend expects to receive shortly the report on the monitoring of evidential breath testing.