Local
Campaigns - Tougher Sentencing for Reckless
Drivers
Jim Knight has been campaigning for
a change in the law as it relates to driving
offences, following the tragic death in
Wool of teenager Anthony Wakelin, in October
last year.
On 14th May 2003, Jim put a question to
the Prime Minister during PMQs. The exchange
was as follows:
[Hansard, 14 May 2003]
Jim Knight (South Dorset): In October
last year, a 15-year-old constituent of
mine, Anthony Wakelin, was killed by a speeding
motorist while cycling through his home
village, Wool. The 18-year-old driver concerned
already owed £1,400 in driving fines
and had no licence or insurance. Last week
magistrates sentenced him to a paltry £200
fine and a two-year driving ban. Can my
right hon. Friend please assure my upset
and concerned constituents in Wool that
amendments to the Criminal Justice Bill
will prevent such injustices in sentencing
from happening again?
The Prime Minister: I totally understand
the concern of my hon. Friend and his constituents.
I should say to them that we have tabled
an amendment to the Criminal Justice Bill
to increase the maximum penalty to 14 years'
imprisonment for the three offences of causing
death by dangerous driving, causing death
by careless driving while under the influence
of drink or drugs and aggravated vehicle
taking where death results. The actions
of dangerous and irresponsible drivers can
be devastating not only for victims and
their families, but for whole communities.
That is why I think that it is entirely
appropriate that we increase the penalties
for such offences. I hope very much that
the amendment will receive the support of
the whole House.
Whilst welcoming the Prime Minister's commitment
on this matter, Jim remains concerned that
the law as it stands would still not serve
the public interest in tragic cases such
as Anthony Wakelin's. Therefore on 9th July
he wrote a letter to the Home Secretary,
David Blunkett, extracts of which are quoted
below:-
"Dear David,
I am writing to you about the current law
on road traffic offences and specifically
the charges of causing death by dangerous
driving and careless driving...
I welcome and supported the recent amendments
to the Criminal Justice Bill which will
increase the maximum penalty for certain
driving related offences causing a death,
from 10 to 14 years imprisonment. However,
based on the case in my constituency and
others, I am concerned that the law as it
currently stands fails to serve the public
interest... (Jim explains in detail the
circumstances surrounding Anthony Wakelin's
death and the sentencing of James Boffey)
...Whilst all decisions on what charge to
bring can only be made on the evidence available,
from my work it is clear that the offence
of dangerous driving requires the prosecution
to be able to prove considerably more than
is required for the charge of careless driving.
For example, in the case of Anthony, his
death was caused by a car going at minimum
speed of 43 mph and colliding with him.
There was no way the CPS could allege that
Anthony’s death was caused by James
Boffey ‘driving dangerously’.
The remaining question is whether the public
interest was served. In this case I do not
think it was considering that Mr. Boffey
had several past convictions, was driving
despite never having taken a test, and had
no insurance. Essentially, he was knowingly
committing a criminal offence when he took
the decision to drive the car. I believe
that the introduction of a separate penalty
of careless driving when the offender has
no driving licence and/or insurance would
provide a more effective mechanism for the
CPS to use in cases such as the one I have
outlined...
I hope you will give these arguments considerable
attention. I and many I have spoken with
on this subject genuinely believe that if
people drive through a village in excess
of the speed limit and without a driving
licence or insurance and they have an accident
in which someone is killed then people have
a reasonable expectation that some sort
of custodial sentence will follow.
