Statutory offences of causing death by driving

Death by driving offences are of significant public concern and, involving loss of life, are very serious in nature. The circumstances of these cases can be incredibly complex, often requiring sentencers to make difficult assessments about the level of an offender’s culpability (which can vary significantly) in relation to the serious harm caused.

Following years of extensive research and consultation, our guideline on the statutory offences of causing death by driving was approved by the High Court of Justiciary on 31 October 2023. It applies to all offenders who are convicted of a statutory offence of causing death by driving on or after 16 January 2024.

We believe that the guideline will be of particular assistance to the judiciary, aiding consistency in sentencing, and will help to improve public understanding of sentencing practice in these cases.

This guideline is currently at Stage 8, which involves monitoring and review of the guideline.