PART 1Criminal Justice
Driving offences
I129Offences committed by disqualified drivers
1
After section 3ZB of the Road Traffic Act 1988 insert—
3ZCCausing death by driving: disqualified drivers
A person is guilty of an offence under this section if he or she—
a
causes the death of another person by driving a motor vehicle on a road, and
b
at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).
3ZDCausing serious injury by driving: disqualified drivers
1
A person is guilty of an offence under this section if he or she—
a
causes serious injury to another person by driving a motor vehicle on a road, and
b
at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).
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.
2
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) at the appropriate place insert—
RTA section 3ZC
Causing death by driving: disqualified drivers
On indictment
10 years or a fine or both
Obligatory
Obligatory
3-11
RTA section 3ZD
Causing serious injury by driving: disqualified drivers
(a) Summarily
(a) On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both.
Obligatory
Obligatory
3-11
(b) On indictment
(b) 4 years or a fine or both
3
In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 3ZD of the Road Traffic Act 1988—
a
b
in relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in column 4 to a fine on summary conviction in England and Wales is to be read as a reference to the statutory maximum.
4
Schedule 6 to this Act contains further amendments relating to the offences under sections 3ZC and 3ZD of the Road Traffic Act 1988.
5
The amendments made by this section and Schedule 6 have effect only in relation to driving which occurs after they come into force.