It may be helpful to indicate to the National Probation Service the court’s preliminary opinion as to which of the three sentencing ranges is relevant and the purpose(s) of sentencing that the package of requirements is expected to fulfil. Sentencing. Made a potentially life changing incident simply a lesson in life.”, “Joe skilfully guided us through the legal processes giving timely advice illustrating his knowledge and experience in successfully defending driving charges in Scotland.”, “Following an accident I was charged with Dangerous Driving and was facing a ban, which would have resulted in me losing my job as I am an HGV driver. This is where cases are heard for anyone wishing to appeal a driving ban. Do you need legal advice? (b) the time that has elapsed since the conviction. Driving or attempting to drive with excess alcohol DVLA Endorsement Code: DR10. Must disqualify for at least 2 years if offender has had two or more disqualifications for periods of 56 days or more in preceding 3 years – refer to disqualification guidance and consult your legal adviser for further guidance. 63. Causing death by driving offences Literature review Page 2 of 43 1.0 Death by driving: the Scottish landscape … Only the online version of a guideline is guaranteed to be up to date. Penalty notices – fixed penalty notices and penalty notices for disorder, 7. Thank you again.” The guidelines, developed by the Scottish Sentencing Council, were approved by three senior judges at the end of last month and come into force on Monday. The case was very complex and time consuming, not only did Joe quickly grasp all the nuances of the case, he presented the defence in court with great skill. Dangerous driving is a charge brought by the prosecutor (the Procurator Fiscal) against an accused person for driving which occurred in Scotland under section 2 of the Road Traffic Act 1988. Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. Causing death by dangerous driving is an indictable-only offence. Where information is available on the context of previous offending this may assist the court in assessing the relevance of that prior offending to the current offence, An intention to commit more serious harm than actually resulted from the offence, Commission of the offence for financial gain (where this is not inherent in the offence itself), An attempt to conceal or dispose of evidence, Failure to respond to warnings or concerns expressed by others about the offender’s behaviour, Offence motivated by hostility towards a minority group, or a member or members of it, Deliberate targeting of vulnerable victim(s), Commission of an offence while under the influence of alcohol or drugs, Use of a weapon to frighten or injure victim, Deliberate and gratuitous violence or damage to property, over and above what is needed to carry out the offence, An especially serious physical or psychological effect on the victim, even if unintended, A sustained assault or repeated assaults on the same victim, Location of the offence (for example, in an isolated place), Offence is committed against those working in the public sector or providing a service to the public, Presence of others e.g. The bottom line is that the defence was successful for one main reason – Joe cared about the outcome. – JW, Dumfries Sheriff Court, “Following an accident I was charged with Dangerous Driving and was facing a ban, which would have resulted in me losing my job as I am an HGV driver. 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