Legal Aid, Sentencing and Punishment of Offenders Act 2012

143 Offence of causing serious injury by dangerous driving E+W

(1) The Road Traffic Act 1988 is amended as follows.

(2) After section 1 insert—

“1A Causing serious injury by dangerous driving

(1) A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

(2) In this section “serious injury” means—

(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

(b) in Scotland, severe physical injury.”

(3) In section 2A (meaning of dangerous driving) in subsections (1) and (2) after “sections 1” insert “ , 1A ”.

(4) Section 1A inserted by subsection (2) has effect only in relation to driving occurring after that subsection comes into force.

(5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) in the appropriate place insert—

“RTA section 1A	Causing serious injury by dangerous driving.	(a) Summarily.	(a) 12 months or the statutory maximum or both.	Obligatory.	Obligatory.	3-11.”
		(b) On indictment.	(b) 5 years or a fine or both.”

(6) In the entry inserted by subsection (5), in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 “12 months” is to be read as “6 months (in England and Wales) or 12 months (in Scotland)”.

(7) Schedule 27 (causing serious injury by dangerous driving: minor and consequential amendments) has effect.