Dangerous Driving in Scotland if prosecuted on summary complaint currently carries a potential jail sentence of up to 6 months in prison. Current proposals by the Scottish government are intended to provide against such “ineffective” short term sentences.

So does this mean the end of jail sentences for Dangerous Driving in Scotland? Probably not but it is worth taking a closer look at.

The current penalties for Dangerous Driving in Scotland are set by the UK Parliament They include mandatory disqualification from driving for at least 12 months, a fine of up to £10,000 and a mandatory resit of an extended driving test before regaining the right to drive. Serious or repeat offences can be punishable by up to six months in prison. Prison sentences are, in practice, rare. The separate offence of causing serious injury by dangerous driving carries up to 12 months in prison if prosecuted on summary complaint. Such sentences are more common but still relatively rare (more serious instances are prosecuted at jury level and carry up to 5 years imprionment).

Prison sentences for dangerous driving are competent but rare


The current proposals by the Scottish Government are aimed at creating a presumption against prison sentences of less than a year. This would encompass all convictions of Dangerous Driving in Scotland and the vast majority convictions involving serious injury by dangerous driving prosecuted at summary level. Currently such a presumption exists only for sentences of 3 months or less.

Community Safety Minister Ash Denholm is quoted a saying:

Clearly, prison remains the right option for those who pose a serious risk to public safety and sentencing decisions will remain a matter for the independent judiciary. However, we want to ensure courts consider the most appropriate sentence in all cases and imprison people only where there is no suitable alternative.

The Times scotland, May 18, 2019

Overall the change is subtle. By virtue of the Criminal Procedure (Scotland) Act 1995, section 204(2) sentencers already have to be satisfied that there is no suitable alternative to imprisonment, at least in respect of people who have not been to prison before. Moreover the final decision remains, as now, with the judiciary.

It is clear that prison remains an option for Dangerous Driving in Scotland. But the view of the legislature will weigh on the minds of sentencing sheriffs. Prison sentences are rare at present. No doubt part of the reason for that is the offence, although serious, is often committed by otherwise law-abiding citizens. The judiciary – correctly- may also feel that the public can be adequately protected by the imposition of lengthy driving bans – in effect taking the offender “off the road” without the more radical step of taking him “off the street”. Going forward, given the view of the legislature, there is likely to be some kind of shift. Already rare sentences will not disappear entirely.

But they will become an endangered species.