Stricter Penalties Await Drivers in Scotland Involved in Fatal Incidents with Pedestrians and Cyclists

The Scottish Sentencing Council has published guidelines which would give motorists guilty of causing death by driving longer sentences and make tailgating an aggravating factor.

The guidelines (pdf), which were published on Thursday, will mean drivers in Scotland who kill pedestrians, cyclists or motorcyclists—who are all classed as “vulnerable road users”—will get tougher sentences from judges.

They treat taking the life of a vulnerable road user as an “aggravating factor” when sentencing and lay down tougher penalties if the death resulted from aggressive driving, such as tailgating.

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The guidelines—subject to approval by the High Court—have been welcomed by the father of Robyn Fryar, 15, who was killed while crossing a road in Paisley, near Glasgow, in July 2019.

Shaun Gatti—who was speeding on the wrong side of the road when he killed the teenager and then drove off and hid his car—later admitted causing death by dangerous driving and was jailed for five years and three months.

Gatti’s sentence was later appealed by the prosecution on the grounds it was “unduly lenient” but they failed to get it increased.

Father of Victim Calls for ‘Deterrent’

Ian Fryar told the BBC: “He’s out already. He only served two-and-a-half years. If they don’t toughen up the sentences, it’s not going to stop. Ten or 15 years would be a far more of a deterrent.”

But he said the guidelines, which lay down a maximum sentence of 12 years, were a step in the right direction.

Lady Dorrian, the Lord Justice Clerk and chair of the Scottish Sentencing Council, said: “Causing death by driving offences are among the most serious, complex, and sensitive cases dealt with by our courts. Although relatively uncommon, they are of significant public concern and have a devastating effect on the families of victims.”

She said: “While nothing can make up for the tragic loss of life involved, we believe that a sentencing guideline will provide clarity for bereaved families and others affected by death by driving cases.”

Lady Dorrian said the guidelines would “assist judges in the difficult task of deciding on a sentence” and help to increase public understanding of the law surrounding driving offences.

Designed to Deliver Greater Consistency

The guidelines also aim to deliver greater consistency in sentencing those who plead guilty to or are convicted of causing death by dangerous driving, causing death by careless driving when under the influence of drink or drugs, causing death by careless or inconsiderate driving, and causing death by driving while unlicensed, uninsured or disqualified.

Following the publication of the new guidelines, judges will no longer be allowed to accept the inexperience of a driver as a mitigating factor for all offences apart from causing death by careless or inconsiderate driving.

The guidelines were drawn up following a public perceptions study, which involved talking to the families of road accident victims, and a national survey of 1,000 people in Scotland which examined public opinion when it came to sentencing for motoring offences.

Lady Dorrian said she was grateful to all those who took part in the consultation and added: “The feedback we received, and the wider research undertaken by the council, has been vital in ensuring that the guideline is fit for purpose.”

The Scottish Sentencing Council was only set up in 2015, following recommendations made by the Sentencing Commission for Scotland, which was set up by the Scottish government in 2003.

Longer Sentences in England and Wales

The maximum sentence for causing death by dangerous driving in England and Wales was recently increased.

Prior to June 28, 2022 the maximum sentence was 14 years but if an offence was committed after that date judges are now allowed to give offenders anything up to a life sentence.

Earlier this month Aaron Dunlop, 30, was jailed for 14 years by a judge at Teesside Crown



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