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