Guideline Structure And Style
1. Do you agree or disagree that the general structure of the guideline, providing guidance in line with steps 1 to 3 of the sentencing process guideline, is appropriate?
Please select one item
Radio button:
Ticked
Agree
Radio button:
Unticked
Disagree
Please provide any reasons for your response:
I agree that there should be a sentence giving for causing death by driving but when accidents happens by the cause of driving then it shouldn’t be classed as murder as most of the time it’s no fault of the driver not unless they are intoxicated with drugs or alcohol
2. Do you agree or disagree that the style of the guideline, employing narrative and tables, is helpful?
Please select one item
Radio button:
Ticked
Agree
Radio button:
Unticked
Disagree
3. Do you agree or disagree that the draft guideline makes the relationship between this guideline and other applicable guidelines clear?
Please select one item
Radio button:
Unticked
Agree
Radio button:
Ticked
Disagree
Please provide any reasons for your response:
I think there should be more understanding and more Funds and counciling to help people go through the hurt that’s happened on the victim.
4. Is there anything that can be done to make the relationship between this guideline and other applicable guidelines clearer?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please provide details along with any reasons for your response:
Stop wasting tax payers money on criminals that are on remand let them out on licence with tag or curfew
5. Do you consider that the offences should be listed within the guideline by order of seriousness, the order they appear in the Road Traffic Act 1988, or in any other order?
Please select one item
Radio button:
Unticked
Seriousness
Radio button:
Unticked
Order in the Road Traffic Act 1988
Radio button:
Ticked
Other order (please specify below)
Please provide any reasons for your response.
Death by driving is serious. But it shouldn’t be put down to as a serious crime if someone has been killed it’s not always intent and I think it’s an unfair result for people who have been involved in this situation and have to go to prison for no fault of there own if some has died in such a tragic accident.
Purposes of sentencing
6. Do you agree or disagree that the draft guideline should not emphasise any particular purpose or purposes of sentencing?
Please select one item
Radio button:
Unticked
Agree
Radio button:
Ticked
Disagree
Please provide any reasons for your response.
I think that a harsh sentence is not good for the mental health think the Scottish prinsons sentaces can be a bit extreme especially when they don’t help the prisons wanting to better there life’s there should be chances opportunities for people that have caused crimes
Assessing Seriousness
7. Do you agree or disagree that the approach to the assessment of seriousness set out at step 1 for each of the offences covered by the guideline is appropriate?
Please select one item
Radio button:
Ticked
Agree
Radio button:
Unticked
Disagree
8. Are there any changes that should be made to the features of seriousness listed at step 1 of each offence?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please provide any reasons for your response:
Stop giving long sentences
9. Do you agree or disagree that the difference between the quality of driving under level B seriousness and level C seriousness for death by dangerous driving offences is sufficiently clear?
Please select one item
Radio button:
Unticked
Agree
Radio button:
Ticked
Disagree
10. Do you agree or disagree that the feature of seriousness regarding the quality of driving for Level B offences should instead to refer to “driving that created a very significant risk of danger” to make the distinction more clear?
Please select one item
Radio button:
Unticked
Agree
Radio button:
Ticked
Disagree
11. In relation to the categorisation of racing in death by dangerous driving offences, which of the options presented at paragraph 60 of the consultation do you consider the most appropriate?
Please select one item
Radio button:
Unticked
Option 1 (include racing in Level A only)
Radio button:
Unticked
Option 2 (include racing in both Level A and Level B seriousness, with suitable descriptions)
Radio button:
Unticked
Option 3 (include racing in either Level A or Level B with an indication that it could move into another level of seriousness depending on the nature of the racing)
Radio button:
Ticked
Option 4 (include racing in Level B, noting that application of the guideline as presently drafted provides the option for moving a driving case from Level B to A: a particularly bad racing case could be regarded as possessing a combination of Level B features)
Starting Points And Sentencing Ranges
12. Do you agree or disagree with the non-inclusion of starting points within the sentencing ranges?
Please select one item
Radio button:
Unticked
Agree
Radio button:
Ticked
Disagree
13. Do you agree or disagree that the ranges set out within the guideline should reflect current sentencing practice?
Please select one item
Radio button:
Unticked
Agree
Radio button:
Ticked
Disagree
14. Do you agree or disagree that the sentencing ranges specified within the guideline are appropriate for each offence?
| Causing death by dangerous driving (pages 4-7) Agree Radio button: Not checked Agree | Causing death by dangerous driving (pages 4-7) Disagree Radio button: Checked Disagree |
| Causing death by careless driving when under influence of drink or drugs (pages 8-12) Agree Radio button: Checked Agree | Causing death by careless driving when under influence of drink or drugs (pages 8-12) Disagree Radio button: Not checked Disagree |
| Causing death by careless, or inconsiderate, driving (pages 13-16) Agree Radio button: Not checked Agree | Causing death by careless, or inconsiderate, driving (pages 13-16) Disagree Radio button: Checked Disagree |
| Causing death by driving: unlicensed, uninsured, or disqualified drivers (pages 17-20) Agree Radio button: Checked Agree | Causing death by driving: unlicensed, uninsured, or disqualified drivers (pages 17-20) Disagree Radio button: Not checked Disagree |
15. Do you agree or disagree with the non-inclusion of guidance on disqualification periods, the young driver scheme, or the drink driver rehabilitation scheme?
| Disqualification periods Agree Radio button: Not checked Agree | Disqualification periods Disagree Radio button: Checked Disagree |
| Young driver scheme Agree Radio button: Checked Agree | Young driver scheme Disagree Radio button: Not checked Disagree |
| Drink driver rehabilitation scheme Agree Radio button: Checked Agree | Drink driver rehabilitation scheme Disagree Radio button: Not checked Disagree |
Please provide any reasons for your response. If you selected ‘disagree’, please indicate what guidance should be included within the guideline.
There is no help for people
Aggravating And Mitigating Factors
16. Do you agree or disagree that the aggravating and mitigating factors listed in the table at step 3 for each offence are appropriate?
| Causing death by dangerous driving (pages 4-7) Agree Radio button: Not checked Agree | Causing death by dangerous driving (pages 4-7) Disagree Radio button: Checked Disagree |
| Causing death by careless driving when under influence of drink or drugs (pages 8-12) Agree Radio button: Not checked Agree | Causing death by careless driving when under influence of drink or drugs (pages 8-12) Disagree Radio button: Checked Disagree |
| Causing death by careless, or inconsiderate, driving (pages 13-16) Agree Radio button: Checked Agree | Causing death by careless, or inconsiderate, driving (pages 13-16) Disagree Radio button: Not checked Disagree |
| Causing death by driving: unlicensed, uninsured, or disqualified drivers (pages 17-20) Agree Radio button: Not checked Agree | Causing death by driving: unlicensed, uninsured, or disqualified drivers (pages 17-20) Disagree Radio button: Checked Disagree |
17. Do you agree or disagree that the guideline should provide further guidance on the following aggravating and mitigating factors?
| Previous convictions Agree Radio button: Not checked Agree | Previous convictions Disagree Radio button: Checked Disagree |
| Remorse Agree Radio button: Checked Agree | Remorse Disagree Radio button: Not checked Disagree |
| The relationship between the offender and victim(s) Agree Radio button: Not checked Agree | The relationship between the offender and victim(s) Disagree Radio button: Checked Disagree |
18. Do you agree or disagree with the approach to listing contributory actions of others as mitigating factors?
Please select one item
Radio button:
Unticked
Agree
Radio button:
Ticked
Disagree
19. Do you agree or disagree that the voluntary surrender of a licence by an older driver should be listed as a mitigating factor?
Please select one item
Radio button:
Ticked
Agree
Radio button:
Unticked
Disagree
20. Should any additional mitigating or aggravating factors be listed?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Potential impacts of the guideline
21. Do you think the guideline will influence sentencing practice in Scotland?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
22. Do you agree or disagree that the guideline will lead to an increase in public understanding of how sentencing decisions in death by driving cases are made?
Please select one item
Radio button:
Unticked
Agree
Radio button:
Ticked
Disagree
24. What negative effects do you see arising from the introduction of this guideline, if any?
Please provide any reasons for your answer:
Nothing ever happens the system is completely gubbed they have no resources no funding nothing
25. What costs (financial or otherwise) do you see arising from the introduction of this guideline, if any?
What costs (financial or otherwise) do you see arising from the introduction of this guideline, if any
The tax payers are paying more for criminals that are locked up the longer they are in the more people have to pay to fund them I think that sex offenders should be locked up and keys thrown away yea other crimes are bad also but us as a nation shouldn’t be paying to keep them inside
Final comments
26. Would you like to make any other comments in relation to any matter arising from this consultation?
Would you like to make any other comments in relation to any matter arising from this consultation?
Get more resources more help for criminals get more curfews get more electronic tags, also allow conjugal visits this will help criminals have a release of stress I think it’s unforeseen that for instance americas crime rate is high and they get them also people who are wanting to start a family to with no fault of there own should suffer 1 hour per month or taken to their home for an hour just for infancy would help a lot of criminals relax a bit more with life
Respondent information
27. Are you responding as an individual or an organisation?
Please select one item
(Required)
Radio button:
Ticked
Individual
Radio button:
Unticked
Organisation
34. The Scottish Sentencing Council would like your permission to publish your consultation response. Please indicate your preference:
Please select one item
(Required)
Radio button:
Unticked
Publish response with name
Radio button:
Ticked
Publish response only (without name)
Radio button:
Unticked
Do not publish response