Motoring offences – new offence and revised sentencing guidelines

New and revised sentencing guidelines were published (June 2023) for offenders convicted of motoring offences some of which also apply to cyclists and include new maximum sentences.

Offences including causing death by dangerous driving and causing death by careless driving when under the influence of alcohol or drugs see the maximum sentences increased from 14 years to life imprisonment, with a minimum obligatory disqualification for at least five years and a compulsory extended re-test.

New guidelines for causing serious injury by driving while disqualified increase the maximum sentence to four years imprisonment with a minimum obligatory disqualification of two years with a compulsory extended re-test.


The Police, Crime, Sentencing and Courts Act 2022 introduced the new offence of causing serious injury by careless or inconsiderate driving which is triable either way. Prior to the introduction of this offence, the police would have been restricted to an offence of simple careless driving, even if serious injury had resulted.  Careless driving is described as simply falling below what is expected of a competent and careful driver. The maximum sentence for this new offence is two years with a minimum obligatory disqualification of one year.

The CPS have provided guidance on what may amount to careless driving including:

  • Speeding, which is not aggravated by the prevailing road or traffic conditions, but which is inappropriate
  • Momentarily or inadvertently changing lanes without warning or driving too close to the vehicle in front
  • Overtaking on the inside
  • Momentary inattention through mobile phone use, tuning a radio, reading a newspaper/map, talking to and looking at a passenger, selecting and lighting a cigarette or by adjusting the controls of electronic equipment such as a radio, hands-free mobile phone or satellite navigation equipment
  • Other misjudgements, such as inadvertently driving through a red light or proceeding without sufficient caution from a side road.

The CPS have also provided guidance on what may amount to inconsiderate driving including:

  • Flashing of lights to force other drivers in front to give way
  • Misuse of any lane (including cycling lanes) to avoid queuing or gain some other advantage over other drivers
  • Unnecessarily remaining in an overtaking lane
  • Unnecessarily slow driving or braking without good cause
  • Driving with un-dipped headlights which dazzle oncoming drivers, cyclists or pedestrians
  • Driving through a puddle causing pedestrians to be splashed

These examples are not exhaustive and will depend on the facts and circumstances of each individual case

Other guidelines cover causing injury by wanton or furious driving, which can be used where a cyclist causes death or injury and driving or attempting to drive with a specified drug above the specified limit.

These changes are a response to the changing users on the UK’s roads, as the number of cyclists has increased in recent years. They also reflect that too many people are seriously injured or killed both in accidents involving cars and cyclists.

As roads become busier, all road users need to drive appropriately for the conditions around them and be mindful of all other road users. Otherwise, they face very strict sentencing if convicted. Chloe Breeze can be contacted at c.breeze@gullands.com and John Roberts j.roberts@gullands.com