Jake Richards

I look forward to Debbie marching into my office. Victims do not want to meet with a conveyor belt of Ministers from all different Departments. It is important that we have those meetings, because it is important that victims are heard and it is important for us to understand that behind every statistic in every paper we get to read in our ministerial boxes is a human life and a human tragedy, and I look forward to meeting her in due course, but what victims want is action. I hope that as I develop my speech, she will be reassured that we are taking these issues seriously and taking action. Many other Members, some of whom made interventions and are longer here, raised important cases. It struck me, having been a Member of Parliament for only just over two years, that MPs get exposed to aspects of our country that normal citizens perhaps do not, and one of them is the prevalence and tragedy of road deaths. MPs are often notified if there has been an accident or if a criminal offence committed on our roads has led to a serious injury or death, and that happens far too regularly in our country. When you meet the families, as I have done in my Rother Valley constituency, it stays with you. I am determined to play my role to try to bring about safer roads. I turn to the sentencing framework, because there has been some conflation of death by careless driving and death by dangerous driving. I am certainly not trying to educate Members, but it is my responsibility to set out the regime as it is today. Hon. Members know that sentencing within the framework that is set out in legislation is rightly a matter for the independent courts. Judges consider the facts of each case, weigh up any aggravating and mitigating factors, and follow relevant Sentencing Council guidelines before arriving at a sentence that is just and proportionate. Some of the issues that have emerged in this debate are perhaps less about sentencing—although some certainly are about sentencing—than about the charging decision. I discussed this with my hon. Friend the Member for Hertford and Stortford and the Watermans. The CPS charging decision—the decision about what offence a defendant is charged with—is, and obviously should be, made independently of the Government, but the victims need to be involved in that decision. I am not saying that the CPS should do what they say, but it should involve them and communicate and engage with them. Too often, I meet victims of road traffic offences and other offences who simply have not been engaged with at all. I am talking to the Victims Minister to ensure that the CPS, where it can and where it is appropriate, is communicating with victims to make sure that the charging decision is the right one. The law must reflect both the harm caused and how responsible the offender was for causing it, because while two drivers can cause the same terrible outcome, they may have done so through very different actions. That does not, of course, make one family’s loss any less than another’s, but the law has to distinguish between those different levels of blame. Let me turn to the offences themselves. The most serious driving offence is causing death by dangerous driving. That is where someone’s driving falls far below the standard expected of a competent and careful driver, and where the danger should have been obvious. We are talking here about things such as excessive speed, racing and dangerous overtaking. For offences committed since June 2022, as mentioned by the spokesperson for the official Opposition, the hon. Member for Bexhill and Battle (Dr Mullan), the maximum sentence for causing death by dangerous driving is now life imprisonment. There is also a minimum five-year driving disqualification and a compulsory extended driving test before an offender can return to the road. Those are tough penalties, and rightly so. They give judges the power to impose the most serious punishment in the very worst cases. There is also the offence of causing death by careless or inconsiderate driving. That covers driving that falls below the expected standard but does not reach the higher threshold for dangerous driving. The maximum sentence is a five-year imprisonment, alongside a minimum 12-month driving ban. I raise the issue of the CPS because, of course, what the defendant is charged with is what the judge and the court can deal with. The charging decision is often just as important to get right for victims, families and wider society as the final sentencing, which then may not seem fair or sufficient to victims. The distinction between dangerous and careless driving is really important in our law, although of course I recognise that it is difficult for grieving families to accept that when, clearly, the loss they have suffered is exactly the same. I want to deal with some of the specifics that have been raised in the debate, in particular by my hon. Friend the Member for Cardiff West, about driving disqualification and whether there should be automatic disqualification—I think the hon. Member for Wells and Mendip Hills (Tessa Munt) also raised that. That is part of live discussions that I have had with the Department for Transport. It strikes me—I am very happy to put this on the record—that I have come across too many cases where driving disqualification is not taken seriously as part of the punishment. Often, a ban runs concurrently with a prison sentence, so there is the absurd situation that someone obviously cannot drive while they are in prison, and then they get out and they have never had any disqualification from driving at all. I raised this issue in a meeting with the chair of the Sentencing Council; perhaps it was after the meeting with the Watermans that I raised it personally with the chair. I am not breaching any state secrets when I say that she was not persuaded, but I have asked the Sentencing Council to look again. The DFT is looking at the evidence to ensure that we have evidence-based policy, and I will continue pushing to see how we can ensure the judiciary use driving disqualification in a more muscular fashion. The judiciary has the power to act. In this case, there is an issue about automating, but the judiciary has the power to implement lifelong driving bans, yet too often they seem not to be considered. I am not criticising our independent judges—I would never do that—but we must consider what we need to do as a Government and as a Parliament, while also considering the Sentencing Council’s role, in pushing this issue forward.