Killer drivers 'could avoid jail'

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A committee headed by the most senior judge in England and Wales proposed a new structure of punishments for drivers convicted of the new offence of causing death by careless or inconsiderate driving.

Even in cases of medium seriousness, judges should be able to impose a community order, the Sentencing Guidelines Council (SGC) said.

Cases which lead to a death after a driver's "momentary inattention" could even be dealt with by low level community order, it added.

The normal maximum sentence for causing death by careless driving should be three years' imprisonment, the SGC said, even though the maximum allowed under the law is five years.

The new "careless" offence received Royal Assent in November 2006 but has not yet being brought in.

Wednesday's consultation paper said: "Where the level of carelessness is low and there are no aggravating factors, even the fact that death was caused is not sufficient to justify a prison sentence."

It also proposed new sentencing structures for the offences of causing death by dangerous driving, and when a motorist kills when under the influence of drink or drugs, or while driving illegally.

For dangerous driving, the SGC said the most serious offenders should receive between seven and 14 years' imprisonment.