PART 5

Road traffic

Road traffic offences

Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties
86
1
Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.
2
In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.
3
In the entry relating to section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.
4
Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) is amended as follows.
5
In subsection (3), in the words after paragraph (d)—
a
after “the offence” insert “(“the new offence”)”;
b
for “three years” substitute “the period specified in subsection (3A)”.
6
After subsection (3) insert—
3A
The period is—
a
six years, where—
i
an offence of which the person was convicted within the ten years mentioned in subsection (3) falls within paragraph (aa) of that subsection, and
ii
the new offence also falls within that paragraph;
b
in any other case (but subject to subsection (4ZA)), three years.
7
In subsection (4)—
a
in the words before paragraph (a), after “(3) above” insert “and subsection (4ZA) below”;
b
in paragraph (a)—
i
omit sub-paragraph (ii) (and the “or” after it);
ii
in sub-paragraph (iia), for “that Act” substitute “the Road Traffic Act 1988”;
iii
omit sub-paragraph (iii) (and the “or” before it, but not the “and” after it).
8
After subsection (4) insert—
4ZA
Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of—
a
an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or
b
an offence under section 3A of that Act (causing death by careless driving when under the influence of drink or drugs),
but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).
9
A provision of this section does not apply in relation to offences committed before the provision comes into force.
S. 86 in force at 28.6.2022, see s. 208(5)(i)