02 October 2015
A change to the law to create an offence of death by careless driving has been presented to the States for debate.
The Minister for Transport and Technical Services Deputy Eddie Noel has approved the law change that makes causing death by careless driving an offence.
Fatal road crash
The need for the offence was identified after a fatal road crash on St Clement’s Coast Road in 2011. The driver was charged with causing death by dangerous driving, an offence with a maximum sentence of 10 years imprisonment.
The prosecution concluded that there was insufficient evidence to secure a conviction for dangerous driving and proceeded with the alternative charge of careless driving for which the maximum penalty is £1,000. The defendant pleaded guilty to that charge, was fined £750 and disqualified from driving for one year.
There are more than 50 serious road injuries and three deaths a year in Jersey. Serious injuries can be life changing so the amended law has been drafted to take account of this and ensure that the Court has the power to apply appropriate penalties in order to provide an effective deterrent to unsafe road use.
The penalties for the new offences (where equivalent offences exist) are consistent with the penalties applicable in the UK. The Attorney General has advised on the appropriateness of all the offences and penalties.
View the Draft Road Traffic (No. 62) (Jersey) Regulations (p115)