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

in relation to an offence committed before F12 May 2022, the reference in column 4 to F2the general limit in a magistrates’ court on summary conviction in England and Wales is to be read as a reference to 6 months, and

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.