Tom

Because Tom pled guilty to the offence, there is no trial. In court, the prosecutor summarises the evidence and facts gathered by the police and the prosecution.

The prosecutor says that Tom was driving at 95mph in a 60mph zone. He made a call, holding his mobile phone in one hand. He was put on hold but continued to clutch the phone in his hand for a prolonged period. On a bend, a van in front braked to give room to a cyclist. Tom’s vehicle smashed into the van when it slowed, sending it off the road. The driver of the van was injured and two passengers were killed. Tom stopped and contacted the emergency services and waited for the police to arrive. 

The court has a victim statement from the driver of the van. A victim statement allows a victim, or surviving family member, to describe the impact that a crime has had on them. See our Information for Victims web page for further details about such statements. In this case, the statement described how devastated the driver was by the loss of her partner and a friend, who were the passengers in the van. She also described her injuries of severe bruising and swelling. 

As judge, you defer the sentence for background reports on Tom and a new court date is set.

At the next hearing, the background report says that Tom is remorseful, while his defence lawyer provides evidence that he has now voluntarily given up his driving licence. The lawyer explains that Tom was speeding because he was late for a job interview. He realised that he would be late and was phoning the company to inform them of the delay when the accident occurred.

Sentencing guidelines 

As judge, when deciding your sentence, you must consider all sentencing guidelines that apply. In this case, you must consider the sentencing guideline for death by driving offences. The Scottish Sentencing Council has also published two general guidelines, which must be taken into account in every case. These are on the principles and purposes of sentencing and on the sentencing process, which sets out the eight steps a judge should follow when deciding a sentence. 

A third general guideline, on sentencing young people, must also be considered when the offender is 24 years or under at the time they are found guilty or plead guilty to an offence. You decide whether the sentencing young people guideline must be considered in this case.

The Council’s principles and purposes guideline states that the core principle of sentencing in Scotland is that sentences must be fair and proportionate. It also lists five of the purposes that judges might consider when deciding a sentence.

Your first step as judge is to decide the seriousness of the offence. To do this, you must consider the culpability (this is the level of blame of the offender) and the harm caused. 

For this offence the level of harm, which is that death has been caused, is fixed by law. So the seriousness of the offence is largely decided by the level of culpability, or blame, of the offender.

The guideline for sentencing death by dangerous driving offences provides a table with three levels of seriousness: Level A, Level B and Level C. You can see the table on page 5 of the guideline published on our website. 

The table lists the features that you should consider in selecting the level of seriousness. 

Which level of death by dangerous driving would you choose to help you decide your sentence?

Step 2 is to decide the sentencing range. These are set out in the guideline. For death by dangerous driving at level B, the sentencing range falls between 4 - 7 years’ custody. Custody means prison for people aged over 21, and a young offenders’ institution for people aged 21 or under.

Custody means prison for people aged over 21, and a young offenders’ institution for people aged 21 or under. 

Step 3 is to consider factors which might make an offence more serious, or less serious. The death by driving guideline lists some factors you could consider. These factors may move your sentence outwith the range at step 2 which was 4 - 7 years’ custody. For example, aggravating factors may make the sentence higher than 7 years, and mitigating factors may make the sentence lower than 4 years.

Choose 3 factors which could make an offence of death by dangerous driving more serious. (This is in general for all death by dangerous driving offences – it may not be part of this particular case).

Choose 3 factors which could make an offence of death by dangerous driving less serious (This is in general for all death by dangerous driving offences – it may not be part of this particular case).

If an offender has committed a similar crime before, it can make an offence more serious.

If an offender has committed a similar crime before, it can make an offence more serious.

When giving the court the facts of the case, the prosecutor said that Tom had committed a road traffic offence before. Five years ago, he pled guilty to dangerous driving after speeding, skidding off the road and damaging a fence. You should also consider that, in the current offence, more than one person was killed. These are two aggravating factors that can make the offence more serious. 

The fact that Tom is remorseful, and voluntarily gave up his licence, are mitigating factors that can make the offence less serious.

You are now ready for step 4. It is time to decide the ‘headline’ sentence.

Now that you have a headline sentence, you are nearly at your final sentence. Because Tom pled guilty as soon as possible, you must take this into account at step 5. The law in Scotland says that you can discount, or reduce, his sentence because he pled guilty. This is because a guilty plea saves witnesses from having to give evidence, and saves court time, which means that other cases can be heard more quickly. Read more on our website.

There are several more steps listed in the sentencing process guideline, but for Tom’s case today, you are now ready to decide your final sentence.

In this offence, more than one person was killed. This is an aggravating factor that can make the offence more serious.

There are also mitigating factors which can make the offence less serious: Tom is remorseful, voluntarily gave up his licence, and has a previously good driving record.

You are now ready for step 4. It is time to decide the ‘headline’ sentence. Based on the sentencing range (a prison sentence between 4 – 7 years) decide what your sentence is.

Now that you have a headline sentence, you are nearly at your final sentence. Because Tom pled guilty as soon as possible, you must take this into account at step 5. The law in Scotland says that you can discount, or reduce, his sentence because he pled guilty. This is because a guilty plea saves witnesses from having to give evidence, and saves court time, which means that other cases can be heard more quickly. Read more on our website.

There are several more steps listed in the sentencing process guideline, but for Tom’s case today, you are now ready to decide your final sentence.

The sentencing young people guideline is based on scientific evidence from around the world, which shows that our brains continue to develop up until the age of at least 25. This means that a young person will generally have a lower level of maturity, and therefore a lower level of culpability. Culpability is the level of blame of the offender.

The defence lawyer tells the court that Tom was speeding because he was worried about being late for his first ever job interview. The lawyer notes the guideline on sentencing young people. Research shows that, as a young person, Tom’s judgement may not be as good as an older person’s - especially in terms of taking risks and considering what could happen as a result. The research also shows that young people may find it easier to change their behaviour than older people.

The Council’s principles and purposes guideline states that the core principle of sentencing in Scotland is that sentences must be fair and proportionate. It also lists five of the purposes that judges might consider when deciding a sentence.

Based on the research, the sentencing young people guideline emphasises one of these purposes

Your first step as judge is to decide the seriousness of the offence. To do this, you must consider the culpability (this is the level of blame of the offender) and the harm caused.

For this offence the level of harm, which is that death has been caused, is fixed by law. So the seriousness of the offence is largely decided by the level of culpability, or blame, of the offender.

The sentencing young people guideline states (at paragraphs 10 – 12) that when you consider the level of blame of a young offender, you should think about their level of maturity. Research shows that our brains are not fully developed as a young person and the culpability, or blame, of a young person will generally be lower than that of an older person.

However, your consideration of harm to the victim is not changed by the guideline. This is true for all offences.

The guideline for sentencing death by dangerous driving offences provides a table with three levels of seriousness: Level A, Level B and Level C. You can see the table on page 5 of the guideline published on our website.

The table lists the features that you should consider in selecting the level of seriousness.

Which level of death by dangerous driving would you choose to help you decide your sentence?

Step 2 is to decide the sentencing range. These are set out in the guideline. For death by dangerous driving at level B, the sentencing range falls between 4 - 7 years’ custody. Custody means prison for people aged over 21, and a young offenders’ institution for people aged 21 or under.

Custody means prison for people aged over 21, and a young offenders’ institution for people aged 21 or under. 

Step 3 is to consider factors which might make an offence more serious, or less serious. The death by driving guideline lists some factors you could consider. These factors may move your sentence outwith the range at step 2 which was 4 - 7 years’ custody. For example, aggravating factors may make the sentence higher than 7 years, and mitigating factors may make the sentence lower than 4 years.

Choose 3 factors which could make an offence of death by dangerous driving more serious. (This is in general for all death by dangerous driving offences – it may not be part of this particular case).

Choose 3 factors which could make an offence of death by dangerous driving less serious (This is in general for all death by dangerous driving offences – it may not be part of this particular case).

If an offender has committed a similar crime before, it can make an offence more serious.

If an offender has committed a similar crime before, it can make an offence more serious.

When giving the court the facts of the case, the prosecutor said that Tom had committed a road traffic offence before. Five years ago, he pled guilty to dangerous driving after speeding, skidding off the road and damaging a fence. You should also consider that, in the current offence, more than one person was killed. These are two aggravating factors that can make the offence more serious.

The fact that Tom is remorseful and voluntarily gave up his licence are mitigating factors that can make the offence less serious.

You must also consider that Tom is under the age of 25 and take into account the sentencing young people guideline. This states (at paragraph 9) that you should consider Tom’s maturity and that you should consider rehabilitation. You are now ready for step 4. It is time to decide the ‘headline’ sentence. Based on the sentencing range (a prison sentence between 4 – 7 years), decide what your sentence is.

Now that you have a headline sentence, you are nearly at your final sentence. Because Tom pled guilty as soon as possible, you must take this into account at step 5. The law in Scotland says that you can discount, or reduce, his sentence because he pled guilty. This is because a guilty plea saves witnesses from having to give evidence, and saves court time, which means that other cases can be heard more quickly. Read more on our website.

There are several more steps listed in the sentencing process guideline, but for Tom’s case today, you are now ready to decide your final sentence.

In this offence, more than one person was killed. This is an aggravating factor that can make the offence more serious.

There are also mitigating factors which can make the offence less serious: Tom is remorseful, voluntarily gave up his licence, and has a previously good driving record.

As Tom is under the age of 25 you must take into account the sentencing young people guideline. This states (at paragraph 9) that you should consider Tom’s maturity and that you should consider rehabilitation.

You are now ready for step 4. It is time to decide the ‘headline’ sentence. Based on the sentencing range (a prison sentence between 4 - 7 years), decide what your sentence is.

Now that you have a headline sentence, you are nearly at your final sentence. Because Tom pled guilty as soon as possible, you must take this into account at step 5. The law in Scotland says that you can discount, or reduce, his sentence because he pled guilty. This is because a guilty plea saves witnesses from having to give evidence, and saves court time, which means that other cases can be heard more quickly. Read more on our website.

There are several more steps listed in the sentencing process guideline, but for Tom’s case today, you are now ready to decide your final sentence.

In court, Tom pleads not guilty. He is given a date to return for trial. At the trial, the prosecutor presents the case against him. He is defended by his lawyer.

The prosecutor calls a number of witnesses to give evidence, and asks them questions about what happened. Police officers, who investigated the crime, say that a van went off the road. The driver was injured and two passengers were killed. Tom called the emergency services. Just before the accident, Tom was caught on speed cameras driving at 95mph in a 60mph zone. The van driver said that Tom sped up behind her and she saw him in her rear view mirror holding a mobile phone in one hand. She braked when she spotted a cyclist on a bend in the road ahead and Tom drove into the back of the van, sending it off the road. Evidence from accident investigators and medical experts was consistent with the van being hit from behind.

Tom gives evidence in his own defence. He admits speeding but claims that the van suddenly went off the road without being hit. He says he was speeding because he was late for a job interview and was using his mobile phone to inform the company of the delay, but was put on hold.

The jury considers all of the evidence it has heard, and finds Tom guilty of death by dangerous driving.

The court has a victim statement from the van driver. A victim statement allows a victim, or surviving family member, to describe the impact that a crime has had on them. See our Information for Victims web page for further details about such statements. In this case, the statement described how devastated the driver was by the loss of her partner and a friend who were passengers. She also described her injuries of severe bruising and swelling.

The defence lawyer tells the court that Tom is unemployed.

As judge, you defer the sentence for background reports on Tom and a new court date is set.

Sentencing guidelines 

As judge, when deciding your sentence, you must consider all sentencing guidelines that apply. In this case, you must consider the sentencing guideline for death by driving offences. The Scottish Sentencing Council has also published two general guidelines, which must be taken into account in every case. These are on the principles and purposes of sentencing and on the sentencing process, which sets out the eight steps a judge should follow when deciding a sentence.

A third general guideline, on sentencing young people, must also be considered when the offender is 24 years or under at the time they are found guilty or plead guilty to an offence. You decide whether the sentencing young people guideline must be considered in this case.

The Council’s principles and purposes guideline states that the core principle of sentencing in Scotland is that sentences must be fair and proportionate. It also lists five of the purposes that judges might consider when deciding a sentence.

Your first step as judge is to decide the seriousness of the offence. To do this, you must consider the culpability (this is the level of blame of the offender) and the harm caused. 

For this offence the level of harm, which is that death has been caused, is fixed by law. So the seriousness of the offence is largely decided by the level of culpability, or blame, of the offender.

The guideline for sentencing death by dangerous driving offences provides a table with three levels of seriousness: Level A, Level B and Level C. You can see the table on page 5 of the guideline published on our website.

The table lists the features that you should consider in selecting the level of seriousness.

Which level of death by dangerous driving would you choose to help you decide your sentence?

Step 2 is to decide the sentencing range. These are set out in the guideline. For death by dangerous driving at level B, the sentencing range falls between 4 - 7 years’ custody. Custody means prison for people aged over 21, and a young offenders’ institution for people aged 21 or under.

Custody means prison for people aged over 21, and a young offenders’ institution for people aged 21 or under. 

Step 3 is to consider factors which might make an offence more serious, or less serious. The death by driving guideline lists some factors you could consider. These factors may move your sentence outwith the range at step 2 which was 4 - 7 years’ custody. For example, aggravating factors may make the sentence higher than 7 years, and mitigating factors may make the sentence lower than 4 years.

Choose 3 factors which could make an offence of death by dangerous driving more serious. (This is in general for all death by dangerous driving offences – it may not be part of this particular case).

Choose 3 factors which could make an offence of death by dangerous driving less serious (This is in general for all death by dangerous driving offences – it may not be part of this particular case).

If an offender has committed a similar crime before, it can make an offence more serious.

If an offender has committed a similar crime before, it can make an offence more serious.

The prosecutor said that Tom had committed a road traffic offence before. Five years ago, he pled guilty to dangerous driving after speeding, skidding off the road and damaging a fence. You should also consider that, in the current offence, more than one person was killed. These are two aggravating factors that can make the offence more serious.

You are now ready for step 4. It is time to decide the ‘headline’ sentence. There are several more steps listed in the sentencing process guideline, but for Tom’s case today, this will be your final sentence.

In this offence, more than one person was killed. This is an aggravating factor that can make the offence more serious.

Tom has a previously good driving record, which is a mitigating factor that can make an offence less serious.

You are now ready for step 4. It is time to decide the ‘headline’ sentence. There are several more steps listed in the sentencing process guideline, but for Tom’s case today, this will be your final sentence.

The sentencing young people guideline is based on scientific evidence from around the world, which shows that our brains continue to develop up until the age of at least 25. This means that a young person will generally have a lower level of maturity, and therefore a lower level of culpability. Culpability is the level of blame of the offender.

The defence lawyer tells the court that Tom was speeding because he was worried about being late for his first ever job interview. The lawyer notes the guideline on sentencing young people. Research shows that, as a young person, Tom’s judgement may not be as good as an older person’s - especially in terms of taking risks and considering what could happen as a result. The research also shows that young people may find it easier to change their behaviour than older people.

The Council’s principles and purposes guideline states that the core principle of sentencing in Scotland is that sentences must be fair and proportionate. It also lists five of the purposes that judges might consider when deciding a sentence.

Based on the research, the sentencing young people guideline emphasises one of these purposes

Your first step as judge is to decide the seriousness of the offence. To do this, you must consider the culpability (this is the level of blame of the offender) and the harm caused.

For this offence the level of harm, which is that death has been caused, is fixed by law. So the seriousness of the offence is largely decided by the level of culpability, or blame, of the offender.

The sentencing young people guideline states (at paragraphs 10 – 12) that when you consider the level of blame of a young offender, you should think about their level of maturity. Research shows that our brains are not fully developed as a young person and the culpability, or blame, of a young person will generally be lower than that of an older person.

However, your consideration of harm to the victim is not changed by the guideline. This is true for all offences.

The guideline for sentencing death by dangerous driving offences provides a table with three levels of seriousness: Level A, Level B and Level C. You can see the table on page 5 of the guideline published on our website.

The table lists the features that you should consider in selecting the level of seriousness.

Which level of death by dangerous driving would you choose to help you decide your sentence?

Step 2 is to decide the sentencing range. These are set out in the guideline. For death by dangerous driving at level B, the sentencing range falls between 4 - 7 years’ custody. Custody means prison for people aged over 21, and a young offenders’ institution for people aged 21 or under.

Custody means prison for people aged over 21, and a young offenders’ institution for people aged 21 or under. 

Step 3 is to consider factors which might make an offence more serious, or less serious. The death by driving guideline lists some factors you could consider. These factors may move your sentence outwith the range at step 2 which was 4 - 7 years’ custody. For example, aggravating factors may make the sentence higher than 7 years, and mitigating factors may make the sentence lower than 4 years.

Choose 3 factors which could make an offence of death by dangerous driving more serious. (This is in general for all death by dangerous driving offences – it may not be part of this particular case).

Choose 3 factors which could make an offence of death by dangerous driving less serious (This is in general for all death by dangerous driving offences – it may not be part of this particular case).

If an offender has committed a similar crime before, it can make an offence more serious.

If an offender has committed a similar crime before, it can make an offence more serious.

The prosecutor told the court that Tom had committed a road traffic offence before. Five years ago, he pled guilty to dangerous driving after speeding, skidding off the road and damaging a fence. You should also consider that, in the current offence, more than one person was killed. These are two aggravating factors that can make the offence more serious.

You must consider that Tom is under the age of 25 and take into account the sentencing young people guideline. This states (at paragraph 9) that you should consider Tom’s maturity and that you should consider rehabilitation.

You are now ready for step 4. It is time to decide the ‘headline’ sentence. There are several more steps listed in the sentencing process guideline, but for Tom’s case today, this will be your final sentence.

In this offence, more than one person was killed. This is an aggravating factor that can make the offence more serious.

Tom has a previously good driving record, which is a mitigating factor that can make an offence less serious.

You must consider that Tom is under the age of 25 and take into account the sentencing young people guideline. This states (at paragraph 9) that you should consider Tom’s maturity and that you should consider rehabilitation.

You are now ready for step 4. It is time to decide the ‘headline’ sentence. There are several more steps listed in the sentencing process guideline, but for Tom’s case today, this will be your final sentence.