Sunday 2 January 2000

Life sentences for dangerous drivers who kill
By David Bamber, Home Affairs Correspondent
 

TOUGH new penalties for drivers who cause deaths on the roads are being drawn up by the Home Office - including the introduction of life sentences for the worst offenders.

 Ministers have ordered a complete review of motoring offences after years of complaints from grieving families that drivers whose actions resulted in deaths have walked away from court with only a fine or a suspended jail sentence.

 A Home Office working party is considering the replacement of the out-dated offences and sentencing structure with a far tougher regime. Under the proposals, the maximum penalty for causing death by dangerous driving would be increased from 10 years to life.

 A new offence of "causing death by careless driving" is also being considered to close a loophole in the law. At present, only the most serious cases are prosecuted under the terms of the offence "causing death by dangerous driving", but far more cases will come under the scope of the proposed legislation.

 The new, lesser, offence will allow the courts to impose heavy jail sentences on motorists who have made driving errors resulting in someone's death, even if they were not deliberately driving dangerously.

 Charles Clarke, the Home Office minister, confirmed that a review has been launched and that new penalties and offences are being considered. He said: "I do believe that Parliament and the public are entitled to expect the courts to impose long and heavy sentences in serious cases.

 "These provisions will, I hope, lead to more comprehensive sentencing guidelines, which will ensure greater consistency. The offence of causing death by dangerous driving could be one of the offences considered in this way."

 Mr Clarke said that the Government was "actively reviewing" the question of whether a new offence of causing death by careless driving should be introduced. "The arguments are powerful and need to be reconsidered in light of the whole debate," he said.

 The initiative will be welcomed by campaigners such as Tim Loughton, the Tory MP for Worthing East and Shoreham. He has argued for tougher laws since a man who ran down and killed a police officer in his constituency was sentenced to only seven years in prison - and so could be released in three years. The case caused an outcry and even the trial judge protested at the short sentence he had to pass.

 Jeff Tooley, a 26-year-old police officer based at Shoreham, West Sussex, was manning a speed check on the A259 Brighton Road in April 1999, when he was run over by a speeding motorist. The driver, John Heaton, did not stop and Pc Tooley died. Eventually Heaton surrendered himself. He claimed that he had been drinking and had fallen asleep at the wheel. 

Heaton originally pleaded not guilty to causing death by dangerous driving but changed his plea to guilty. The trial judge sentenced him to seven years, taking into account his guilty plea. In court, Judge Anthony Thorpe said: "Parliament has decided that the maximum penalty for dangerous driving is 10 years, whereas the maximum penalty for burglary is 14 years. That might strike the public as an odd approach to the value placed on human life."

 Mr Loughton said: "Taking into account time spent on remand, Heaton will be eligible for parole in just three years." He said: "If this criminal had stolen Mr Tooley's car on that night or had broken into his home and left him unscathed he could have faced a sentence of up to 14 years' imprisonment."

 The Home Office working party on driving offences is expected to produce its final recommendations before the summer.