Incident(s) involving excessive speed or showing off, especially on busy roads or in built-up area; High level community order to 26 weeks custody Disqualify 15 – 24 months. Aggravating factors. The Sentencing Code states that the courts must follow any relevant sentencing guidelines, unless it is contrary to the interests of justice to do so.. What guidelines do “I would have no hesitation in recommending Joe and Scottish Driving Law to anybody that finds themselves in difficulty due to the over zealous policing and questionable tactics of officers in that region.” It applies to all ofenders aged 18 and older, who are sentenced on or ater 1 July 2016, regardless of the date of the ofence. Only the online version of a guideline is guaranteed to be up to date. I would like to take this opportunity to say a big “thank you” to everyone involved and all their hard work. Custody should not be imposed where a community order could provide sufficient restriction on an offender’s liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. Ian Milligan -v- Her Majesty’s Advocate . 68. Council chair and Scotland's second most senior judge, Lady Dorrian, has described the move as "historic", saying it marks the start of a new approach which will help to support consistency in sentencing and … Made a potentially life changing incident simply a lesson in life.” (b) in Scotland, severe physical injury. 64. If you drive in a careless or dangerous manner you risk prosecution. Get FREE ADVICE on: 0800 567 7810 We can save your licence. The imposition of a custodial sentence is both punishment and a deterrent. v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. I received points on my licence and kept my job. Do you need legal advice? The appeal court in Smart had regard to the sentencing guidelines although it appears that the sentencing judge had not. Canada's Criminal Code has equivalent provisions covering dangerous driving (see "Canada" section below). relatives, especially children or partner of the victim, Additional degradation of the victim (e.g. No words can describe how happy I was with the result. Sentencing guidelines help make sure that judges and magistrates in courts across England and Wales take a consistent approach to sentencing. It is also a term of art used in the definition of the offence of causing death by dangerous driving. Thanks Joe! If you are convicted of Careless Driving, you face having between 3 and 9 penalty points put on your licence. Sentencing guidelines: extended sentences and life sentences. See Dangerous driving#"Dangerously" Mode of trial. “Joe skilfully guided us through the legal processes giving timely advice illustrating his knowledge and experience in successfully defending driving charges in Scotland.” When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. If you are convicted of dangerous driving, or if you plead guilty to the charge, this carries both a fine as well as a mandatory 12 month driving ban, along with a requirement to re-sit your driving test, and in certain cases the ban is increased to … Assessing seriousness. Driving or attempting to drive with excess alcohol DVLA Endorsement Code: DR10. It’s just as dangerous as drink driving and you face equally tough penalties – even if it’s your first offence: A minimum 12-month driving ban; 3-11 penalty points on your driving licence; Up to 6 months in prison; An unlimited fine; An offence which stays on your licence for 11 years. i) The guidance regarding pre-sentence reports applies if suspending custody. Aggravation related to disability, sexual orientation or transgender identity – statutory provisions, 1. This was reduced to a speeding charge with far lesser consequences, I was expecting the worst; a very long driving ban, a really heavy fine and the dread of having to resit an extended test. Taken from Sentencing Guidelines Council Guideline Overarching Principles: Seriousness, Offence seriousness (culpability and harm), A. Previous convictions of a type different from the current offence. Finally, it should be noted that if the evidence against you is overwhelming it may be advi… The circumstances of the individual offence and the factors assessed by offence-specific guidelines will determine whether an offence is so serious that neither a fine alone nor a community sentence can be justified. the length of imprisonment which represents the shortest term commensurate with the seriousness of the offence; Aggressive driving, such as driving much too close to vehicle in front, racing, inappropriate attempts to overtake, or cutting in after overtaking, Driving when knowingly suffering from a medical condition which significantly impairs the offender’s driving skills, Driving a poorly maintained or dangerously loaded vehicle, especially where motivated by commercial concerns, Offence due to inexperience rather than irresponsibility of driver, Offence committed whilst on bail for other offences, Offence was racially or religiously aggravated, Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation), Offence motivated by, or demonstrating, hostility based on the victim’s disability (or presumed disability). In particular, they can have the effect of restricting the offender’s liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. Council issues this deinitive guideline. There are several lobby groups that campaign for longer sentences for dangerous driving offences where serious harm or injury has resulted. Disqualification from driving – general power, 10. In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offender’s release. Essentially, as Dangerous Driving in Scotland is a serious charge, it is a good idea to make detailed notes as soon as possible after the incident while events are still fresh in your mind. Imposition of fines with custodial sentences, 2. The court must determine whether there is a significant risk of serious harm by the commission of a further specified offence. In addition, you will face a fine of up to £5000 (though it … The bottom line is that the defence was successful for one main reason – Joe cared about the outcome. Dangerous driving includes behaviour that could potentially endanger yourself or other drivers. Dangerous driving offences can be difficult to … – James Varney, Dangerous Driving, Perth Sheriff Court, “After been accused of racing at over 100mph and dangerous driving on the M8 which could possibly carry a custodial sentence, I did some research online and came across Scottish Driving Law. It can include driving aggressively, overtaking in dangerous locations and racing other vehicles. The court must ensure that the restriction on the offender’s liberty is commensurate with the seriousness of the offence and that the requirements imposed are the most suitable for the offender. Literature review prepared for the consideration of the Scottish Sentencing Council. In particular, a Band D fine may be an appropriate alternative to a community order. iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates’ courts sentencing powers). Offence committed for ‘commercial’ purposes, 11. 66. Introduction to out of court disposals, 5. Disqualification from ownership of animals, 11. Section 2 of the Road Traffic Act 1988, states that: “A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.” Dangerous driving is a charge brought by the prosecutor (the Procurator Fiscal) against an accused person for driving which occurred in Scotland under section 2 of the Road Traffic Act 1988. (4) Section 1A inserted by subsection (2) has effect only in relation to driving occurring after that subsection comes into force. This is where cases are heard for anyone wishing to appeal a driving ban. Aggravated Vehicle Taking (PDF 91 KB) Breach of Traffic Signal (PDF 12 KB) Careless / Inconsiderate Driving (PDF 84 KB) Causing Death by Careless / Inconsiderate Driving pdf (PDF 88 KB) Dangerous Driving (PDF 90 KB) Driving Whilst Disqualified (PDF 81 KB) Driving Whilst Unfit (PDF 84 KB) Driving with … (b) the time that has elapsed since the conviction. Upon conviction dangerous driving carries mandatory disqualification from driving for a minimum 12 month period and until you pass an extended driving test. “I would definitely recommend you to anyone who finds themselves in the unfortunate situation that I experienced. Must order extended re-test, Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years – refer to, The seriousness of the offence should be the. Dangerous driving offences will be dealt with by the Magistrates’ Court or Crown Court, depending on the seriousness. A person convicted of causing death by dangerous driving is liable to imprisonment for a term not exceeding fourteen years. The ban comes with a fine, which can be very large: there is no law which limits the fine and dangerous driving is considered to be a significant criminal offence. Would recommend without hesitation if anyone is in as much trouble as I was. – Richard Sully, Hamilton Sheriff Court. Dangerous driving is a charge brought by the prosecutor (the Procurator Fiscal) against an accused person for driving which occurred in Scotland under section 2 of the Road Traffic Act 1988. The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months. It may be helpful to indicate to the National Probation Service the court’s preliminary opinion as to which of the three sentencing ranges is relevant and the purpose(s) of sentencing that the package of requirements is expected to fulfil. Causing death by driving offences Literature review Page 2 of 43 1.0 Death by driving: the Scottish landscape … (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to—, (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and. “Having been charged with a Section 2 Dangerous Driving case for allegedly doing 100mph on the A75 road in Dumfries I realised my license was at risk with a minimum 12 month ban. Once again, Thank you, Shaun.”, “Thanks for all your help and assistance in court in achieving the mimimum sentence for my driving misdemeanour. Road Traffic Expert Lawyers & Solicitors for: speeding, drink driving, careless driving, dangerous driving etc. Prevalence and community impact statements, General guideline: overarching principles, Reduction in sentence for a guilty plea - first hearing on or after 1 June 2017, Sentencing offenders with mental disorders, developmental disorders, or neurological impairments, Imposition of Community and Custodial Sentences definitive guideline, Imposition of Community and Custodial Sentences, Single incident where little or no damage or risk of personal injury, Low level community order to high level community order Disqualify 12 – 15 months. For the most serious cases, the court can impose 2 years in jail. To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. In United Kingdom law, dangerous driving is a statutory offence. Must order extended re-test. Dangerous driving is probably the most common road traffic offence that is sent to the Crown Court. ii) If the court imposes a term of imprisonment of between 14 days and 2 years (subject to magistrates’ courts sentencing powers), it may suspend the sentence for between 6 months and 2 years (the ‘operational period’). Click the links below to take you to the relevant section for that particular offence and view the sentencing guidelines Magistrates use in determining the penalty to impose upon conviction of that offence. Joe worked very hard to get the charge down from Dangerous Driving to Careless Driving. You could be breaking the law … death by dangerous driving to ensure that courts are given the sentencing powers they need to deal effectively with the worst dangerous driving offences. Dangerous Driving Sentencing In Scotland. Reduced period of disqualification for completion of rehabilitation course, 7. I really appreciate everything that Joe has don, “I would have no hesitation in recommending Joe and Scottish Driving Law to anybody that finds themselves in difficulty due to the over zealous policing and questionable tactics of officers in that region.”, “I would definitely recommend you to anyone who finds themselves in the unfortunate situation that I experienced. Causing death by dangerous driving (Section 1 RTA 1988) Penalty: 1 to 14 years in prison, and disqualified for a minimum of two years; Causing death … (2) Your driving fell short of the standard that is expected of a competent and careful driver. Penalties for Careless Driving in Scotland The penalties for careless driving include fines of up £5,000 and between 3-9 penalty points or a discretionary driving disqualification. * If order does not contain a punitive requirement, suggested fine levels are indicated below: Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. 62. Previous convictions. From my first phone call I could tell I had found the correct representation and for a very reasonable fixed fee. I really appreciate everything that Joe has done.” If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. The views expressed are those of the authors and do not necessarily represent those of the Council. Approach to the assessment of fines - introduction, 6. In many cases, a pre-sentence report will be pivotal in helping the court decide whether to impose a community order and, if so, whether particular requirements or combinations of requirements are suitable for an individual offender. Disqualification until a test is passed, 6. Destruction orders and contingent destruction orders for dogs, 9. Thanks to their professionalism and sound advice I am delighted with a 4 month ban and a £650 fine, with no resit. iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. This was reduced to a speeding charge with far lesser consequences, I was expecting the worst; a very long driving ban, a really heavy fine and the dread of having to resit an extended test. However, no consideration is given to the driver’s state of mind or driving ability. 63. Previous convictions are considered at step two in the Council’s offence-specific guidelines. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. Section 125(1) of the Coroners and Justice Act 2009 provides that when sentencing ofences committed ater 6 April 2010: “Every court – (a) must, in sentencing an ofender, follow any In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary, More intensive sentences which combine two or more requirements may be appropriate. Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years – refer to disqualification guidance and consult your legal adviser for further guidance. If you are convicted, you face a minimum ban of 12 months and you will have to resit an extended version of the driving test. In this section “serious injury” means- a) in England and Wales, physical harm which amounts to … A community order must not be imposed unless the offence is ‘serious enough to warrant such a sentence’. Joe was very understanding and always to there to answer any questions I had. He was very knowledgeable and clear throughout and didn’t give me any false hopes. Offences under s.1 and s.3A of the Road Traffic Act 1988 are specified offences for the purposes of the public protection provisions in the 2003 Act (as amended). Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. The bottom line is that the defence was successful for one main reason – Joe cared about the outcome. 65. Forfeiture and destruction of weapons orders, 18. Thanks to their professionalism and sound advice I am delighted with a 4 month ban and a £650 fine, with no resit. ” (3) In section 2A (meaning of dangerous driving) in subsections (1) and (2) after “sections 1” insert “, 1A”. Hostility. Offence committed on bail. You don’t need to have had an accident to face a charge of dangerous driving. A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. There is no general definition of where the custody threshold lies. Causing death by dangerous driving is an indictable-only offence. LASPO 2012 amends the Road Traffic Act 1988by inserting the following after section 1: 1A Causing serious injury by dangerous driving 1. Summarised by Euan Dow Advocate in his very useful website : Note of appeal against sentence:- On 23 April 2015, … Thanks Joe! The decision as to the appropriate range of community order should be based upon the seriousness of the new offence(s) (which will take into account any previous convictions). Whenever the court reaches the provisional view that a community order may be appropriate, it should request a pre-sentence report (whether written or verbal) unless the court is of the opinion that a report is unnecessary in all the circumstances of the case. In addition to this photographs of the location or any damage, details of lighting and weather conditions and contact details of any witnesses are always useful in the event the case proceeds to trial. Despite other firms telling me that negotiation on the charge would most probably not succeed, Joe thought that was the best option. England and Wales and Scotland Statute. A genuine 5 star service, highly recommended.” We'll assume you're ok with this, but you can opt-out if you wish. Careless and dangerous driving – the law. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Penalty notices – fixed penalty notices and penalty notices for disorder, 7. The document, which follows a consultation, … Within 24 hours of appointing him the charge was changed to speeding to which I plead guilty and received a fair outcome which may well not have been the case if we had gone to trial on the original charge. CHAPTER 3 Seriousness and determining sentence. It typically arises out of driving significantly over the speed limit, or driving so badly that you are a danger to yourself or others. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. I was originally charged with Dangerous Driving after being clocked at 134mph on the A1. This guideline applies to all offenders who are sentenced on or after 26 November 2018 Scottish Sentencing Council , Parliament House, Edinburgh EH1 1RQ Tel: 0300 790 0006 Email: sentencingcouncil@scotcourts.gov.uk The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offender’s response to earlier sentences. Sentencing. The sentencing guidelines widely published and used in England are not authoritative and therefore to be followed in Scotland as was demonstarted by the High court of appeal case. – Andrew Craven, Dumfries Sheriff Court. Drug-driving is a criminal offence. The following guidance should be considered when seeking to determine the degree to which previous convictions should aggravate sentence: Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more relevant previous convictions. The aggravating effect of relevant previous convictions reduces with the passage of time; Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise. However, the court must make clear to the offender that all sentencing options remain open including, in appropriate cases, committal for sentence to the Crown Court. The court should consider the time gap since the previous conviction and the reason for it. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. The case was very complex and time consuming, not only did Joe quickly grasp all the nuances of the case, he presented the defence in court with great skill. by dangerous driving as there is no sentencing guideline in place for this recent offence. The starting points in the guidelines are a) for offenders for whom a sentence under the public protection provisions is not appropriate and b) as the basis for the setting of a minimum t… Must endorse and disqualify for at least 12 months. Scottish Sentencing Council revamps the research section of its website as two new reports are published. Would recommend without hesitation if anyone is in as much trouble as I was. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks, Attendance centre requirement (where available), Curfew requirement for example up to 16 hours for 2 – 3 months, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 – 12 months, Exclusion requirement lasting in the region of 12 months. Sentences should not necessarily escalate from one community order range to the next on each sentencing occasion.

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