Sentencing Guidelines Council
The Sentencing Guidelines Council (SGC) published its definitive Guideline: Causing Death by Driving on 15 July 2008, for offences sentenced on or after 4 August 2008 (
www.sentencing-guidelines.gov.uk/guidelines/).
The Guideline covers four offences, namely: causing death by dangerous driving; causing death by careless driving when under the influence of drink or drugs; causing death by careless or inconsiderate driving; and causing death by driving whilst unlicensed, disqualified or uninsured.
The Guideline describes how the seriousness of an offence should be determined. There are five factors, general to all the offences covered by the Guideline (except causing death by driving whilst unlicensed, disqualified or uninsured, where the standard of driving is irrelevant) that determine the seriousness of the offence:
Awareness of risk
(a) a prolonged, persistent and deliberate course of very bad driving;
Effect of alcohol or drugs
(b) consumption of alcohol above the legal limit;
(c) consumption of alcohol at or below the legal limit where this impaired the offenders ability to drive;
(d) failure to supply a specimen for analysis;
(e) consumption of illegal drugs, where this impaired the offenders ability to drive; and
(f) consumption of legal drugs or medication where this impaired the offenders ability to drive (including legal medication known to cause drowsiness) where the driver knew, or should have known, about the likelihood of impairment.