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?
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Ticked
Agree
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Unticked
Disagree
2. Do you agree or disagree that the style of the guideline, employing narrative and tables, is helpful?
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Ticked
Agree
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Unticked
Disagree
3. Do you agree or disagree that the draft guideline makes the relationship between this guideline and other applicable guidelines clear?
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Ticked
Agree
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Disagree
4. Is there anything that can be done to make the relationship between this guideline and other applicable guidelines clearer?
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Unticked
Yes
Radio button:
Ticked
No
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?
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Seriousness
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Ticked
Order in the Road Traffic Act 1988
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Unticked
Other order (please specify below)
Purposes of sentencing
6. Do you agree or disagree that the draft guideline should not emphasise any particular purpose or purposes of sentencing?
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Ticked
Agree
Radio button:
Unticked
Disagree
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?
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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?
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Unticked
Yes
Radio button:
Ticked
No
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?
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Radio button:
Ticked
Agree
Radio button:
Unticked
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
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Ticked
Agree
Radio button:
Unticked
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?
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Option 1 (include racing in Level A only)
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Ticked
Option 2 (include racing in both Level A and Level B seriousness, with suitable descriptions)
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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:
Unticked
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:
Ticked
Agree
Radio button:
Unticked
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:
Ticked
Agree
Radio button:
Unticked
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: Checked Agree | Causing death by dangerous driving (pages 4-7) Disagree Radio button: Not 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: 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: 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: Checked Agree | Disqualification periods Disagree Radio button: Not 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 |
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: Checked Agree | Causing death by dangerous driving (pages 4-7) Disagree Radio button: Not 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: 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: Checked Agree | Causing death by driving: unlicensed, uninsured, or disqualified drivers (pages 17-20) Disagree Radio button: Not 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: Checked Agree | Previous convictions Disagree Radio button: Not 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: Checked Agree | The relationship between the offender and victim(s) Disagree Radio button: Not 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:
Ticked
Agree
Radio button:
Unticked
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:
Ticked
Yes
Radio button:
Unticked
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:
Ticked
Agree
Radio button:
Unticked
Disagree
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?
The Penalty Table in the Highway Code makes no provision for any punishment for ‘causing death by dangerous cycling’.There may not have been any such events but it cannot be long before such an event occurs on the basis of the atrocious behaviour of many cyclists who insist on travelling along pavements and footpaths where cycling is permitted at dangerous speeds and with no consideration for pedestrians and being free to do so without having appropriate insurance cover.
Respondent information
27. Are you responding as an individual or an organisation?
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(Required)
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Individual
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Organisation
34. The Scottish Sentencing Council would like your permission to publish your consultation response. Please indicate your preference:
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Publish response with name
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Publish response only (without name)
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Do not publish response