Criminal Justice Act 2003, section 285

Increase in penalties for certain driving-related offences

Part 12 Sentencing

(1) In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in subsection (4), for “five years” there is substituted “fourteen years” .

(2)Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).

(3) In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving) , in column 4, for “10 years” there is substituted “14 years” .

(4) In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs) , in column 4, for “10 years” there is substituted “14 years” .

(5)Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is amended in accordance with subsections (6) and (7).

(6) In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving) , in column 4, for “10 years” there is substituted “14 years” .

(7) In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for “10 years” there is substituted “14 years” .

(8)This section does not affect the penalty for any offence committed before the commencement of this section.

Cases considering section 285 3

Richardson & Ors, R v

[2006] EWCA Crim 3186 · 18 December 2006Interprets

Section 285 increased the maximum sentence for the relevant driving offences from 10 to 14 years. The court held that the change principally addressed the most serious cases, while requiring a proportionate but non-mathematical adjustment to lower sentencing bands (see paras [13]-[19]).

Williams, R. v

[2017] EWCA Crim 305 · 15 March 2017

The court noted this provision as increasing the maximum sentence for causing death by dangerous driving to 14 years, illustrating the changed statutory sentencing context. (see para [28])

Coe, R. v

[2009] EWCA Crim 1452 · 14 July 2009

The court referred to section 285 as increasing the maximum sentence for the relevant causing-death driving offences to 14 years. That legislative change explained the revised sentencing starting points subsequently applied. (see paras [42]-[44])

What each judgment says about section 285 is in the case-law panel in the full Act.

Explanatory note

630.This section increases to 14 years' imprisonment the maximum penalty for the three offences of causing death by dangerous driving, causing death by careless driving under the influence of drink or drugs and aggravated vehicle-taking where the aggravating feature is that, owing to the driving of the vehicle, an accident occurs and death results. These increases in maximum penalties also apply to similar driving offences in Northern Ireland.

All the explanatory notes for the Act