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Road Traffic (Jersey) Law 1956: Amendment: Causing Death or Serious Injury

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A decision made 13 April 2015:

Decision Reference:    MD-T-2015-0022

Decision Summary Title :

New Offences of Causing Death or Serious Injury under the Road Traffic (Jersey) Law 1956

Date of Decision Summary:

26 March 2015

Decision Summary Author:

 

Manager – Transport Policy

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

New Offences of Causing Death or Serious Injury under the Road Traffic (Jersey) Law 1956

Date of Written Report:

26 March 2015

Written Report Author:

Manager – Transport Policy

Written Report :

Public or Exempt?

 

Public

Subject:  Proposed New Offences of Causing Death or Serious Injury under the Road Traffic (Jersey) Law 1956

 

Decision(s): The Minister approved the proposed new offences and changes to levels of penalties as detailed in the accompanying report.

 

Reason(s) for Decision: To provide appropriate penalties in order to deter unsafe road use.

 

Resource Implications: TTS Officers and Law Draftsman time in preparation of law changes.

 

Action Required:  TTS Officers to provide law drafting instructions for the Law Draftsman.

 

Signature:

 

 

Position:

Minister for Transport and Technical Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Road Traffic (Jersey) Law 1956: Amendment: Causing Death or Serious Injury

TRANSPORT AND TECHNICAL SERVICES

 

NEW OFFENCES OF CAUSING DEATH OR SERIOUS INJURY UNDER THE

 

ROAD TRAFFIC (JERSEY) LAW 1956

 

 

Purpose of the Report

 

To request the Minister to approve law drafting instructions in order to create new offences of causing death or serious injury under the Road Traffic (Jersey) Law 1956. 

 

 

Background

 

In 2011 a fatal road crash occurred on St Clement’s Coast Road.  The driver was charged with causing death by dangerous driving, an offence which carries a maximum sentence of 10 years imprisonment.  The Prosecution concluded however that there was insufficient evidence to secure a conviction for dangerous driving and proceeded with the alternative charge of careless driving, for which the maximum penalty is £1,000.  The defendant pleaded guilty to that charge, was fined £750 and disqualified from driving for one year.

 

The previous Minister for Home Affairs subsequently wrote to the previous Minister for Transport and Technical Services requesting that an offence be created in the Road Traffic (Jersey) Law 1956, of causing death by careless driving with a penalty of up to five years imprisonment.   

 

 

Discussion

 

The issue was considered by a working group chaired by the previous Minister for Home Affairs, set up to review traffic penalties and representing the States and Honorary Police, the Magistrate, TTS and Law Officers.  The need for an offence of causing death by careless driving was considered essential but it was also concluded that the consequence of causing serious injury should be considered. 

 

In 2012 the UK introduced a new offence of causing serious injury by dangerous driving.  This carries a penalty of up to five years in prison.

 

Over 50 serious road injuries per year typically occur in Jersey, whereas on average there are three fatalities.  These injuries, though not fatal, could be life changing and the seriousness of them should also be recognised in the offences and level of penalties.

 

Proposed new offences have therefore been developed which would combine the seriousness of the action with the seriousness of the consequences and ensure that the Court has the power to apply appropriate penalties in order to provide an effective deterrent to unsafe road use.   

 

Advice on the appropriateness of the new offences and levels of penalties has been received by the previous Attorney General and more recently by the Solicitor General.

 

The following table summarises the existing and proposed offences:-

 

 

 

 

 

 

Offence /

consequence

Dangerous driving

Careless driving whilst under influence of drink or drugs

Careless driving

Causing Death

Existing Article 23.  Fine and up to 10 years in prison and two years plus disqualification

Article 26.  Proposed increase to fine plus up to 10 years in prison  and two years disqualification, (then three years for second offence)

Proposed new offence, fine plus up to five years in prison, plus 12 months disqualification

Causing Serious Injury

Proposed new offence, fine and up to seven years in prison and two years plus disqualification

 

Proposed new offence, fine plus up to four years in prison plus two years disqualification, (then three years for second offence)

 

Proposed new offence, fine plus up to two years in prison plus 12 months disqualification

No injury

Article 22.  Proposed increase -  fine and up to five years in prison plus minimum disqualification of six months

Article 27.  Proposed increase to Level Three plus up to 18 months in prison

Article 25.  Proposed increase from  £1,000 fine  to Level Three

 

 

Recommendations

 

The Minister is recommended to approve the above proposed new offences and changes to levels of penalties.

 

 

Reason(s) for Decision

 

To provide appropriate penalties in order to deter unsafe road use.

 

 

Resource implication

 

TTS officers and Law Draftsman time in preparation of law changes.

 

 

Action Required

 

TTS Officers to provide law drafting instructions for the Law Draftsman.

 

 

 

 

Written by:  Manager - Transport Policy

 

Approved by:   Director of Transport

 

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