By DCC Will Kerr

POLICE officers across Scotland work tirelessly on investigations at the start of criminal cases to support the effective prosecution of offenders and the protection of victims. Today, however, I am writing in my role as a member of the Scottish Sentencing Council, which looks at the sentencing outcomes for criminal procedures.

To date, the council has published three general sentencing guidelines on the principles and purposes of sentencing, on the process of deciding sentences and on sentencing young people. We are now consulting on Scotland’s first guideline for a specific offence. It covers the statutory death by driving offences – 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: unlicensed, uninsured, or disqualified drivers.

In all offences in Scotland, the seriousness of the crime is determined by the level of blame of the offender (culpability), and the harm caused (or which might have been caused). For these offences, the level of harm (death) is set by law and is always high. Therefore, when determining the level of seriousness, the judge will focus on culpability.
To assist judges, the structure of the draft guideline follows the first three steps in our sentencing process guideline. A table at step one (or two tables for offences of causing death by careless driving when under the influence of drink or drugs) lists features to be considered in the case based on their level of seriousness. For example, in relation to causing death by dangerous driving, level A seriousness includes prolonged and deliberate bad driving with a disregard for the danger being caused, level B includes driving that created a substantial risk of danger, and level C includes a single dangerous manoeuvre which created significant risk of danger.
A table at step two sets out sentencing ranges for each level of seriousness. A table at step three lists factors which may aggravate or mitigate the seriousness, such as whether the offender has previous convictions.
These offences can be among the most complex and emotive cases before the courts. Sentencing can be particularly challenging in relation to careless driving offences where there may be a significant difference between the harm caused and the culpability of the offender. This guideline will assist judges in making these difficult assessments, and will help to increase the predictability of a sentence.

In drafting guidelines, the council conducts research and engages extensively with interested groups. We now want to hear your views. This consultation will be open until November 22 2022 and you can take part by visiting the Scottish Sentencing Council’s website at Scottishsentencingcouncil.org.uk. We will carefully consider each response that we receive.

DCC Will Kerr is police member for the Scottish Sentencing Council