In 2023, the Sentencing Council published new and revised sentencing guidelines for a range of motoring offences relating to dangerous and careless driving. These guidelines have been successfully implemented over the past few years with Judges generally responding positively to them. They have led to longer sentences for certain offences which aligns with public expectations for justice in serious cases. However, the Sentencing Council accepted that there remained several motoring-related offences for which detailed, step-by-step guidelines did not exist or were out of date.
New guidelines for aggravated vehicle taking and other motoring offences
The Sentencing Council has recently issued new guidelines for aggravated vehicle taking and other motoring offences, which will come into effect on 1 April 2025.
Often referred to as ‘TWOC’ or ‘joyriding’, the offence of Taking Without Owners Consent involves taking a vehicle without the permission of the owner for temporary use and without the intention of permanently depriving them of it.
Aggravated vehicle taking is a serious offence that involves taking a vehicle without the owner's permission and subsequently causing damage, injury, or even death. These new guidelines aim to provide clear and consistent sentencing practices for such offences.
The need for updated guidelines arose from the increasing severity and frequency of such offences, necessitating a more structured approach to sentencing.
Key Changes in the Guidelines
The manner in which a vehicle is taken will now be factored into the culpability assessment for all 4 offences in that a high culpability can be reached if the vehicle taking involved intimidation or the use or threat of force.
Aggravated Vehicle Taking Offences:
Death Caused: The new guidelines lay down severe penalties for cases where aggravated vehicle taking results in death. Sentences are designed to reflect the gravity of the offence and the impact on victims' families. The sentence levels are now closer to those of causing death by dangerous driving, with a starting point of 2 years imprisonment.
Injury Caused: For cases involving injury, the guidelines provide a range of sentences based on the severity of the harm caused. This ensures that offenders are held accountable for the physical and emotional damage inflicted.
Dangerous Driving: Offenders who engage in dangerous driving while taking a vehicle without consent face stringent penalties. The guidelines emphasise the need to deter such reckless behaviour.
Vehicle/Property Damage: Sentences for causing significant damage to vehicles or property during the commission of the offence are also outlined, ensuring that offenders compensate for the harm caused. The levels are such that if the value of the damage caused is greater than £5000 for a deliberate, reckless, or particularly serious offence the starting point is custody.
Other Motoring Offences:
Increased Penalties for Mobile Phone Use: The starting point fine for using a mobile phone while driving has been increased from Band A (50% of relevant weekly income) to Band B (100% of relevant weekly income). This change aims to curb the dangerous practice of distracted driving.
Driver Disqualification: The Council have released a new overarching guideline which consolidates all the existing guidance on driver disqualification. This provides a comprehensive framework for courts to impose disqualification periods appropriately.
Vehicle Registration Fraud: The guidelines introduce specific penalties for offences related to vehicle registration fraud, including forging, altering, or fraudulently using vehicle number plates. At the more serious end, this can mean a starting point of 18 months imprisonment, where previously this would have been a community order.
Implications of new Sentencing Guidelines
The new sentencing guidelines are expected to have a significant impact on the justice system. By providing clear and consistent sentencing ranges, the guidelines aim to ensure that offenders receive appropriate penalties that reflect the seriousness of their crime and, enhance public confidence in the justice system and contribute to safer roads.
If you need legal support, contact LMP Legal today for tailored advice and representation.
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