Police, Crime, Sentencing and Courts Act 2022 – Impact on Motoring Law

Motoring law constantly evolves with changes being implemented on a frequent basis. Some significant changes are in the pipeline with some set to be introduced imminently. The Police, Crime, Sentencing and Court Act 2022 (PCSC) is a new piece of legislation that has already brought in various changes across the spectrum of criminal law. Not all of the provisions are in force yet and they will be gradually brought into effect via statutory instruments on dates yet to be confirmed.

We have explained below some of the key changes in motoring law, with some coming into force on 28 June 2022.

There has long been a gap in the law whereby there has been a failure to recognise harm caused by drivers who cause serious injury by careless driving. The only criminal offence in place up until now, has been “causing serious injury by dangerous driving”.

The PCSC has now introduced an offence of “causing serious injury by careless or inconsiderate driving”:

Serious injury is defined as physical harm which amounts to grievous bodily harm and would generally include injuries such as broken bones.

This is an “either way” offence, meaning it could be heard in either the Magistrates’ Court or the Crown Court.

In the Magistrates’ Court the maximum sentence is one year in prison and/or a fine. If the matter is dealt with on indictment (in the Crown Court), then the maximum penalty will be two years in prison and/or a fine.

In either court, a disqualification will be mandatory, with a minimum of 12 months.

The following offences will now carry a sentence of life imprisonment, raising from the previous 14 year maximum:

• Causing death by dangerous driving;
• Causing death by careless driving when under influence of drink or drugs.

If a person has more than one disqualification of 56 days or more, within the 3 years immediately preceding the commission of causing death by dangerous driving or by careless driving under the influence, the minimum period of disqualification that the court must impose is 5 years.

Where there is an offence of causing death by careless driving under the influence of drink or drugs, the minimum period of disqualification will increase from 3 years to 6 years, if there is a previous conviction for that same offence within the past 10 years.

The Act now removes the requirement to surrender a driving licence when accepting a fixed penalty, this is an update on the law following the abolition of the paper counterpart. As the DVLA now holds all records of offences and penalty points electronically, there is no need for a photocard licence to be provided to the DVLA.

That said, the court can still require that a licence be surrendered, so on attending court, a photocard licence should still be produced.

The Act creates a new offence of failing to surrender a driving licence to the DVLA following disqualification, which is a summary only offence carrying a financial penalty.

The Court must always extend a driving disqualification to cover any period of incarceration (being sent to prison) of an offender.

The legislation now clarifies that the Court must extend any driving disqualification to cover two-thirds of a prison sentence in circumstances where an offender may not be released until they have completed two thirds of their disqualification (most commonly this applies to terrorism offences).

For cases which are commonly dealt with by Geoffrey Miller and are not subject to the two-thirds rule, the length of a disqualification on release from custody, will be extended by half of the length of the custodial sentence imposed.

This does not apply to a case where a suspended sentence is imposed, or a whole life tariff.

The PCSC amends the scope of careless or dangerous driving to state that no offence will be committed generally whereby:

• A designated person;
• Is driving for police purposes (or law enforcement purposes); and
• Has undertaken prescribed training.

The amendments mean a much wider range of persons will be classed as a “designated person” including:

• Police constables;
• Employees of the British Transport Police;
• National Crime Agency officers.

A designated person will only be regarded as driving dangerously if:

• the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training; and
• it would be obvious to a competent and careful constable that driving in that way would be dangerous.

A similar test is now applicable for the lesser offence of careless driving. However, the standard must simply fall below what would be expected of a careful and competent constable who has undertaken the same prescribed training as opposed to far below in the case of dangerous driving

The PCSC now provides for a more accurate, objective test applicable to police constables alleged to have driven carelessly or dangerously. Given the nature of how police constables may be required to drive for the purpose of their job, the law now has a test whereby their standard of driving will be judged against that of another police constable, rather than a civilian.