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Health, Safety & Environmental Bulletin No 104

S Martin – 28 August 2008

Driving offences – guidelines

Xmo Strata operates a no drink, no drugs policy as well as complying with current UK
laws surrounding the use of mobile telephones and smoking in company vehicles.

The Guidelines Council has recently published new procedures for courts dealing with
th
driving offences that result in death. The revised guidelines came into effect on 4
August 2008, are applicable when sentencing any offender aged 18 or over.

Offences covered under the new guidelines

Courts are advised that the following offences are punishable by lengthy custodial
sentences:

➢ Causing death by careless driving
➢ Causing death by dangerous driving
➢ Causing death by driving under the influence of drugs
➢ Causing death by driving: unlicensed, disqualified or uninsured drivers

Magistrates and judges are advised that for the first three of the offences above, they will
need to consider how bad the driving was and the level of danger this created to ascertain
the severity of the offence. The offender’s behaviour can also act as an aggravating
factor.

Council recommendations

• The use of mobile phones while driving should be treated robustly and that this
offence should be taken particularly seriously

• A custodial sentence of 3 years is likely where death follows careless driving. A
higher sentence is also possible where there is a combination of aggravating factors

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