CPS toughens stance on drivers using mobiles

Prosecutors have been given new guidance on the use of mobile phones when driving

The Crown Prosecution Service has announced tougher sentences for people caught using their mobile phone while driving.

The move follows a public consultation on the development of new sentencing guidelines on a variety of issues.

Under current rules, using a mobile phone, MP3 player or satellite navigation system while driving falls under the category of 'careless driving', but this will now be increased to 'dangerous driving' where appropriate.

"The 139 responses we received showed that people care very deeply about these cases and about the way the CPS handles them," said Sir Ken Macdonald, Director of Public Prosecutions.

"It is clear that bad driving and its consequences, especially when a loved one dies, can cause unimaginable distress, and that the issues attract a wide range of views.
"We have looked very carefully at the comments we received and will take them fully into account as we review our policy on prosecuting driving offences."

Under the new guidelines, the usual penalty will be 'dangerous driving', which carried a maximum sentence of two years, compared to 'careless driving' which carried a fine or community service order.

But in cases where a death has occurred the police will be allowed to bring charges for manslaughter, which carries a maximum life sentence.

"Clearly we are not going to satisfy both of these viewpoints at the same time. But I think it is right that prosecutors are given new guidance so that, where the individual cases warrant it, a manslaughter charge is selected," said Sir Ken.

"It was also clear from the responses that there is widespread public concern about the use of mobile phones and other hand-held electronic equipment while driving.

"We accept that, in cases where there is clear evidence that danger has been caused by their use, such as texting while driving, our policy should spell out that the starting point for charging will be 'dangerous driving'."