This offence (‘the offence’) was introduced by section 143 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, by inserting Section 1A into the Road Traffic Act 1988.
This resulted from the recognition by the authorities that there needed to be created an offence to sit between the existing offences of causing death by dangerous driving and the careless driving offences.
The Offence | Kangs Motoring Law Advisory Solicitors
In order to be guilty of the offence the Prosecution must prove that:
- the accused’s driving fell far below the standards of a competent and careful driver,
- it would be obvious to a competent and careful driver that the accused driving was dangerous,
- serious injury was caused amounting to grievous bodily harm as defined by the Offences Against the Person Act 1861.
Sentencing | Kangs National Driving Offences Team
The offence can be tried in either in the Magistrates’ Court or Crown Court:
- the Magistrates’ Court can impose a prison sentence of a maximum of twelve months and/or the statutory maximum fine.
- the Crown Court can impose a prison sentence of a maximum of five years and/or a fine.
- a conviction in either court carries a mandatory two years disqualification together with the requirement to take an extended driving test to obtain a new driving licence, once the disqualification order has expired.
How Can We Help? | Kangs Road Traffic Offences Defence Team
The team at Kangs Solicitors possesses a wealth of experience defending clients on a daily basis throughout the country in respect of motoring offences of all description, whatever the severity of the charge.
If you are arrested for any such offence, it is essential that you obtain legal advice immediately and our team is available to advise and assist you.
Please do not hesitate to contact our team through any of the following: