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Victims of Road Traffic Offences: Criminal Justice System
30 January 2024
Lead MP
Selaine Saxby
Responding Minister
Guy Opperman
Tags
Justice & CourtsTaxationTransport
Word Count: 13472
Other Contributors: 12
At a Glance
Selaine Saxby raised concerns about victims of road traffic offences: criminal justice system in Westminster Hall. A government minister responded.
Key Requests to Government:
I ask the Government to introduce escalating penalties for repeat offences, implement compulsory retesting for offenders, revisit the concept of exceptional hardship, standardise investigation guidelines for serious collisions, establish a UK commissioner for road danger reduction, and provide an update on the timeline for publishing the road safety strategy.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
I am concerned about the lack of escalating penalties for repeat road traffic offences, where 47% of those convicted had at least one previous conviction. The current system does not allow for increasing penalties with subsequent offences. Additionally, there is a need for compulsory retesting of offenders and a stricter interpretation of 'exceptional hardship' to avoid misuse as a loophole. There are also issues with the delay in publishing road safety strategies and calls for evidence by the Department for Transport.
Rother Valley
In his constituency, residents report speeding on Swinston Hill Road in Dinnington. The council suggested that no accidents meant there was no problem, which did not address resident concerns about speeding being an issue regardless of accident frequency.
Bill Esterson
Lab
Sefton Central
Bill Esterson highlighted the importance of addressing road accidents, emphasizing the need for proper repairs and safer roads. He shared personal stories illustrating the severe consequences of traffic collisions, including life-changing injuries. He also mentioned the high number of deaths and casualties on British roads and called for stricter measures against repeat offenders. Will the Minister give way?
Fabian Hamilton
Lab
Leeds North East
Hamilton expressed concern over the inadequate treatment of victims and their families in road traffic fatalities. He cited specific cases, including his constituent Ian Winterburn's death due to careless driving, and another case where a cyclist was killed by a taxi driver. Hamilton highlighted issues with police and court services and noted that justice delayed is justice denied. He also shared personal experiences of cycling incidents and the lack of recognition for cyclists' rights on roads.
Gerald Jones
Lab
Merthyr Tydfil and Aberdare
Mr. Gerald Jones highlighted the case of Pearl Melody Black, a 22-month-old girl killed in Merthyr Tydfil when an unoccupied vehicle rolled from private land onto a public road, resulting in her death due to the CPS's inability to prosecute under current law. He stressed that this legal loophole prevents families like Pearl's from securing justice and called for legislative changes to address such tragedies.
James Wild
Con
North West Norfolk
James Wild highlighted the inadequacy of sentencing guidelines for causing death by dangerous driving, citing a case where a guilty offender received only a 10.5-year sentence despite multiple aggravating factors and no significant mitigating factors. He called for a review of these guidelines and urged the Government to consider lifetime disqualification in some cases as a mandatory element.
Jane Stevenson
Lab
Wolverhampton South East
Urban speeding in Wolverhampton is worsening, with drivers often exceeding speed limits on residential roads. The speaker urged for more mobile speed cameras and spot checks on taxi journey times to reduce urban speeding. She highlighted a tragic case where Hopton Gayle was killed due to reckless driving at excessive speeds; the driver received a lenient sentence despite leaving the scene of the collision.
Jim Shannon
DUP
Strangford
Jim Shannon highlighted the rise in road deaths and serious injuries in Northern Ireland, noting that there were 71 fatalities in 2023 and over 679 people seriously injured. He expressed concern about preventable accidents due to poor road infrastructure and emphasized the need for enhanced safety features and road maintenance. Shannon also discussed sentencing disparities in drink-driving cases and called for stricter penalties and fewer mitigating circumstances.
Jonathan Gullis
Lab
Slough
Mr Gullis focused on the case of Sharlotte-Sky Naglis, killed by John Owen who was drunk and high on drugs. He criticised the current law that requires consent for blood testing even though it allows forced blood sampling without consent. This delay in testing led to months of uncertainty for Claire, Sharlotte's mother. Mr Gullis also highlighted a lack of incentive for suspects to provide consent due to potential harsher sentencing for drug-related offences. He called for the introduction of 'Sharlotte's law' to mandate testing of blood samples taken without consent and secure justice for victims.
Birmingham Erdington
Ms Hamilton addressed the high number of road collisions, fatalities, and casualties in her constituency. She noted three tragic incidents within five days, including a four-year-old boy killed by a car and two hit-and-run cases. Ms Hamilton called for reduced speed limits, increased police presence, and stricter penalties to deter dangerous driving.
Rachael Maskell
Lab Co-op
York Central
Rachael Maskell urged the Minister to address the inequality experienced by vulnerable road users, focusing on speed limits and the need for disqualification of drivers as a major intervention. She called for an integrated schools strategy and proper signage in areas of risk. Maskell also raised concerns about taxi licensing and the importance of on-board vehicle technology as evidence in court cases.
Sarah Dyke
Lib Dem
Glastonbury and Somerton
Asked if family and friends should have faith in the criminal justice system, believing that punishment should fit the crime and justice will be done.
Wendy Morton
Con
Aldridge-Brownhills
Ms Morton discussed tragic incidents of road violence in her constituency, highlighting the impact on families and communities. She mentioned a case where an uninsured driver killed an 18-day-old baby and another where a speeding drink-driver killed Harry Chapman. Ms Morton emphasized the need for tougher sentencing and better support for victims through organisations like RoadPeace West Midlands.
Government Response
Guy Opperman
Government Response
The Government acknowledges the importance of addressing road traffic offences and improving support for victims. The minister highlighted improvements in victim impact statements, cycle infrastructure, and active travel policies. He acknowledged specific cases such as those involving Harry Webb, the Saltern family, the Winterburn family, Sharlotte, and others. Regarding sentencing, he noted the statutory aggravating factors outlined in the Sentencing Act 2020 and the increased maximum sentence for dangerous driving from 14 years to life. The minister also addressed issues of compulsory retesting, exceptional hardship, speeding penalties, and the complexities involved with new clause 49 of the Criminal Justice Bill. He emphasized the need for cross-departmental collaboration between the Department for Transport, Ministry of Justice, and other relevant bodies to address these challenges comprehensively.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.