asked the Minister for the Environment if he will amend the law so that drivers of stolen cars who are involved in collisions resulting in death can be charged with manslaughter; and that tougher penalties for passengers in such cars will be introduced so as to act as a major deterrent to those contemplating this criminal activity; and if he will make a statement on the matter.
Written Answers. - Road Traffic Legislation.
68.
The law already provides substantial sanctions for the offences referred to by the Deputy. So far as road traffic law is concerned section 53 of the Road Traffic Act, 1961, as amended, makes it an offence to drive a vehicle, whether stolen or not, in a public place in such a manner as to be a danger to the public. Where dangerous driving causes death or serious bodily harm, the offender is liable, on conviction on indictment, to a maximum penalty of five years imprisonment and/or a £3,000 fine. The provision for an indictable offence in this form was introduced because of the difficulty which had been experienced in securing convictions for manslaughter in dangerous driving cases which resulted in death.
The Director of Public Prosecutions can, at his discretion and depending on the circumstances of the case, opt to take proceedings for manslaughter where somebody is killed as a result of dangerous driving or some other offence such as drunken driving.
Both the driver and any passenger can be convicted of the taking of a vehicle without authority under section 112 of the 1961 Act and the same maximum penalties apply to both. The maximum penalties were substantially increased as recently as 1984. On summary conviction, they are a fine of £1,000 or imprisonment for a term not exceeding twelve months or both the fine and imprisonment. The 1984 legislation also introduced the possibility of conviction on indictment with a maximum fine of £2,000 or imprisonment for a term not exceeding five years or both. As to whether the legislation should be further strengthened, I am prepared to consider any views which interested parties may have as part of my current review of road traffic legislation.