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21 February 2024

A consultation paper on miscellaneous amendments to sentencing guidelines.

Why Aggravated vehicle taking offences guidelines, disqualification and other motoring related matters?

There are currently magistrates’ courts guidelines for aggravated vehicle taking offences involving dangerous driving, accident causing injury, and causing damage to vehicle/property. However, these were published in 2008and do not follow the detailed, step-by-step format now familiar to the courts. They also do not provide sentence levels for the Crown Court.

This consultation therefore seeks views on a comprehensive package of new and revised guidelines for aggravated vehicle taking offences, for use in both the magistrates’ courts and in the Crown Court.

A further guideline which dates back to 2008 and requires updating relates to vehicle licence and registration fraud. The scope of this offence has changed since the publication of this guideline and the Council is therefore consulting on a revised guideline for this offence.

This consultation also seeks views on a draft overarching guideline on disqualification. This covers when disqualification is available, the principles to follow when setting the length of a disqualification (including interaction with time spent in custody), and when exemptions may or may not apply.

The consultation also covers several other miscellaneous matters relating to motoring which have been raised with the Council.

Who should respond?

We would like to hear from anyone who uses sentencing guidelines in their work or who has an interest in sentencing. We would also like to hear from individuals and organisations representing anyone who could be affected by the proposals including:

  • victims and their families;
  • defendants and their families;
  • those under probation supervision or youth offending teams/supervision;
  • those with protected characteristics: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

What do we want to know?

Through this consultation process, the Council is seeking views on:

  • the principal factors that make any of the offences included within the draft guidelines more or less serious;
  • the additional factors that should influence the sentence;
  • the types and lengths of sentence that should be passed;
  • the overarching guideline on how to approach imposing driver disqualifications;
  • whether there are any issues relating to disparity of sentencing and/or broader matters relating to equality and diversity that the guidelines could and should address; and
  • anything else you think should be considered.

When and how to respond

The consultation closes on 22 May 2024. See About this consultation for how to respond and our policies on Freedom of Information and privacy.

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