Drivers on the Isle of Man have been warned that they could see the maximum penalty for causing death through dangerous driving increase to a life sentence.
The move was put forward by the Isle of Man’s Department of Infrastructure and follows a recent death by dangerous driving case heard by the Courts of Justice.
Many highlighted disparities between the island and the rest of the United Kingdom after the court proceedings concluded.
The DoI launched a consultation on amendments to Schedule 6 of the Road Traffic Act 1985 in December that would bring Manx law into line with equivalent offences across the Irish Sea.
Under the proposed changes, courts would gain expanded powers to hand down appropriate sentences in the most severe cases.
The first is causing death by dangerous driving under section 1, which presently carries a maximum sentence of 14 years’ imprisonment, a fine, or both.
The second offence was causing death by careless driving while under the influence of alcohol or drugs, set out in section 3A.
This drink and drug-driving offence also currently has the same maximum penalty as death by dangerous driving, alongside the possibility of a fine.
Questions have been raised about whether both offences should carry identical maximum punishments, or whether maintaining a distinction between them reflects differing levels of driver culpability.
The proposals were being consulted on until January, with the Department now reviewing the responses
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GETTYIf the dangerous driving maximum penalty is raised to life imprisonment, it would exceed the penalty for the drink or drug-related offence.
The Department said it intended to bring maximum punishments into alignment with those contained in the Road Traffic Offenders Act 1988.
The UK Government altered the sentencing framework for these offences through the Police, Crime, Sentencing and Courts Act 2022.
Prior to legislative changes, the maximum penalty in the UK for causing death by dangerous driving stood at 14 years, matching the current Isle of Man position.
The penalties would bring the island in line with the rest of the UK
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LINCOLNSHIRE POLICEFollowing the 2022 reforms, both offences now carry life imprisonment as the maximum sentence in England, Wales and Scotland.
The proposed amendments would place the dangerous driving offence on an equal footing with manslaughter in terms of maximum penalty.
The consultation, which concluded in January, emphasised that raising maximum penalties does not automatically result in longer prison terms being handed down, but increases the scope of what a driver could be issued, if the offence warranted tougher penalties.
The Department stated that sentencing decisions will continue to rest with the Deemster presiding over each case, assessing specific circumstances of every matter before determining what punishment is appropriate.
The new rules hope to crack down on dangerous driving by tightening the penalties drivers can receive | DEVON AND CORNWALL POLICEThe changes would mean that while judges would have the power to impose life sentences, they would not be obliged to do so.
The Department also sought public views on whether the existing 14-year ceiling provided sufficient scope for courts to reflect the gravity of the driving offending.
It also invited comments on any other relevant aspects of road traffic legislation that might inform future changes.
Before taking effect, the amendments must receive approval from Tynwald, the island’s Parliament.
