§ Mr. Bob RussellTo ask the Secretary of State for the Home Department if he will take steps to ensure that drivers prosecuted as a result of crashes in which there has been a fatality are tried in a Crown court. [151416]
§ Mr. Charles ClarkeDrivers who cause a fatality by grossly negligent driving, dangerous driving or careless driving while under the influence of drink or drugs must currently be tried in the Crown court. If convicted of manslaughter they are liable to a maximum penalty of life imprisonment; the other relevant offences carry a314W maximum penalty of 10 years' imprisonment. Where a vehicle is taken without the owner's consent and causes a fatality the driver must also be tried in the Crown court and is liable, if convicted, to a maximum penalty of five years imprisonment.
There is currently no offence which reflects a fatality occurring as a result of careless driving. In these circumstances the driver would be charged with the summary-only offence of careless driving which attracts a level 4 fine (currently £2,500).
The Government are aware of concerns about the powers of the court to deal with fatalities that occur on the roads. Accordingly, the Transport Research Laboratory has carried out research on behalf of the Department of the Environment, Transport and the Regions into the way in which "bad" driving cases proceed through the criminal justice system. The report is due to be published in the near future. We will then be in a better position to judge whether any changes in this area of law and its operation are necessary.