In 2022, a significant addition to road traffic law was introduced in England and Wales, yet it has not received the widespread public attention that other driving offences have. The offence of Causing Serious Injury by Careless or Inconsiderate Driving carries far more serious consequences than Careless Driving, the offence previously used to prosecute the same incidents, including the potential for a custodial sentence. This article examines the implications of the introduction of this offence, the potential penalties, and the wider impact on individuals and their families.
What is the new 'Causing serious injury by careless or inconsiderate driving' law?
The introduction of Causing Serious Injury by Careless or Inconsiderate Driving as a distinct offence addresses a previous gap in the law that fell between Careless Driving and Causing Serious Injury by Dangerous Driving. Whereas for Careless Driving the penalty was a fine and an ancillary order imposing points or a possible driving disqualification, a driver who causes serious injury to another as a result of the same substandard level driving now faces possible imprisonment and a mandatory disqualification from driving.
Careless or inconsiderate driving is legally defined as driving that falls below the standard expected of a competent and careful driver. This includes a failure to pay proper attention to the road, being avoidably distracted by something within the vehicle, or showing a lack of awareness of other road users. Unlike dangerous driving, careless driving does not involve driving that is obviously dangerous to other road users, but commonly involves a simple, or brief, lapse in judgment or concentration.
Examples of behaviour that may amount to careless or inconsiderate driving include:
Failing to check mirrors properly before changing lanes
Being briefly distracted by a mobile phone, sat nav, or passengers
Driving too closely to the vehicle in front (tailgating)
Braking suddenly without good reason
Failing to give way where required
Failing to see another road user, for example a pedestrian or cyclist
What are the potential penalties for causing serious injury through careless driving?
A conviction for Causing Serious Injury by Careless or Inconsiderate driving carries significant legal penalties. The sentencing guidelines provide for:
A maximum prison sentence of two years
A minimum 12 month driving disqualification, with the length of the ban determined by the court
In cases where the custody threshold is met but an immediate custody is not imposed, the court can sentence the offender to a suspended sentence order, or in other cases where the custody threshold is not met, a community order, which can include requirements of unpaid work, curfews, or participation in rehabilitation programmes. However, even where a non-custodial sentence is imposed, the impact of a conviction remains substantial.
The impact of a suspended sentence order or a community order
A suspended sentence order is still considered a custodial sentence, albeit the offender will not immediately go to prison. This sentence hangs over an offender’s head and breach of any of the requirements of the order or commission of another offence can result in the custodial sentence being activated.
A community order should also not be taken lightly – those subject to curfews or unpaid work requirements have their liberty restricted whilst being punished in the community. Breach of such an order can find the offender back in Court to be re-sentenced.
Whatever the sentence, a conviction for this offence results in a criminal record, which can have long-term consequences for any individual, including in respect of future employment and travel.
The impact of disqualification from driving
For many individuals, the loss of a driving licence can also have profound consequences. A driving disqualification may result in the loss of employment, particularly for those whose work requires driving. It can also cause severe difficulties in meeting daily responsibilities, such as commuting, transporting family members, or fulfilling personal obligations.
Following a disqualification, individuals may face further obstacles when seeking to regain their licence. In some cases, the court may require the offender to take a retest before their return to driving. Once a licence is reinstated, insurance premiums are likely to increase significantly, making driving prohibitively expensive.
The wider impact of a custodial sentence
A prison sentence, even if served for a relatively short period, can have devastating consequences on multiple aspects of life. The immediate impact includes the loss of employment, financial difficulties, and the potential loss of housing. A criminal record can make securing future employment significantly more challenging, particularly for roles that require background checks.
Imprisonment also carries a profound psychological and social impact. Many individuals struggle with the stigma of having been to prison, and the process of reintegration into society can be extremely difficult. Relationships may suffer, and access to children or other dependents may become restricted.
The effect on family and dependents if you are convicted of an offence
The repercussions of a conviction extend beyond the individual and can deeply affect family members. A custodial sentence often results in financial instability, particularly if the individual was the primary earner. Partners and dependents may experience significant stress, both emotionally and practically, as they adjust to the absence of financial and emotional support.
Children, in particular, can suffer considerable distress when a parent is sentenced to prison. The emotional strain of separation, combined with the potential stigma attached to having a parent in custody, can have lasting psychological effects.
Obtaining expert legal advice at the earliest opportunity is essential
The introduction of Causing Serious Injury by Careless or Inconsiderate Driving as a specific offence has significantly raised the stakes for drivers. A brief lapse in attention or judgment can now result in life-altering consequences, including imprisonment and the loss of a driving licence.
Given the severity of the potential penalties, it is crucial that all drivers remain fully aware of their responsibilities on the road. The importance of staying alert, avoiding distractions, and adhering to safe driving practices cannot be overstated.
For those who find themselves facing charges under this new law, obtaining expert legal advice at the earliest opportunity is essential. The outcome of such cases can be life-changing, and professional legal representation is vital in navigating the complexities of the legal process.
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