Should careless drivers who kill be able to avoid jail? Post your comments at the end of this article

Drivers who kill after a momentary lapse in concentration or breach of the rules of the road may avoid going to jail under new sentencing guidelines to be published today.

The new offence of causing death by carless or inconsiderate driving, to come into force later this year, was aimed at plugging a loophole through which many killer-drivers escape custody.

Draft guidelines from the Sentencing Guidelines Council to be published today will make clear that drivers who kill through careless rather than dangerous driving could still receive a community penalty.

The guidelines seem to to conflict with recent policy outlined by the Crown Prosecution Service (CPS), which favours tougher penalties for driving misdemeanours.

The CPS suggests that the worst cases of using a mobile phone or MP3 player while at the wheel could land drivers with up to two years in prison. Worst cases of death by dangerous driving should be charged with manslaughter, the CPS says.

The latest draft guidelines from the Sentencing Guidelines Council - to be issued for consultation - will outline sentencing starting points for four offences of killing by drivers.

These are: the existing offences of causing death by dangerous driving or by careless driving while under the influence of drink or drugs and two new offences to be brought into effect by Easter of causing death by careless or inconsiderate driving or while driving uninsured, disqualified or unlicensed.

The council, which is headed by Lord Phillips of Worth Matravers, the Lord Chief Justice, will recommend that the new offences - which can include drivers who kill at the lowest level of culpability are dealt with by a community penalty.

The maximum penalty for the new charge of causing death by careless or inconsiderate driving is five years’ jail.

The guidelines council has taken account of the views of its advisory panel that “a sentencer may need to take account of the fact that an offender has an exemplary driving record and is guilty of no more than a momentary lack of attention, albeit with devastating consequences”.

Cases might typically involve failing to see an oncoming vehicle and turning right across its path, losing control as a result of over-correcting when the vehicle pulls to one side; or falling asleep at the wheel.

In line with guidelines recently published by the Crown Prosecution Service to prosecutors, careless drivers who kill will face different punishments according to the number of aggravating factors - such as use of a mobile phone, being over the alcohol limit, being over-tired, speeding or driving aggressively.

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