AVZ Briefing – Hit and run legislative reform update

14^th February 2024

To download this briefing as a pdf click here

Key points

• In 2022, the number of people reported killed and seriously injured in hit-and-run collisions rose to 2,631, up by 7% from 2021.
• If causation cannot be proven, the only offence possible is Fail to stop, a summary offence that must be laid within six months and which carries a maximum custodial sentence of six months.
• Peter Dowd, MP for Bootle, submitted an amendment to the Criminal Justice Bill proposing two new offences of failing to remain at the scene of a fatal or serious injury collision.  The amendment also proposed a reduction in the maximum reporting time after a collision from 24 hours to 2 hours.
• Peter Dowd MP agreed to withdraw the new clauses in order to consider potential alternative proposals.
• This amendment was not expected to succeed but was intended to encourage the government to act. We will continue to work with Peter Dowd MP on getting the long-awaited consultation on hit-and-run offences published.

The need for reform

Abandoning someone seriously, if not fatally injured, is an unbelievably cruel and callous act. It is a crime but, at present, the same criminal offence of Fail to stop applies to when someone is killed as to when a bumper is dented. Fail to stop is a summary offence and must be laid within six months.

The need for reform is growing as hit-and-run is on the increase. In 2022, in England and Wales, 79 people were killed and 2,631 reported seriously injured in crashes where the driver failed to remain at the scene. This was an increase of 7% on those killed and seriously injured (KSI) in 2021.

Reported hit and run collisions, England and Wales (2022)

	Killed	% Killed	KSI	% KSI
Pedestrian	43	54%	1,031	39%
Cyclist	7	9%	703	27%
Motorcyclist	18	23%	333	13%
Motor vehicle occupant	11	16%	564	21%
Total	79	100%	2,631	100%

Source: DfT (2023)

Those who are most vulnerable account for the majority of victims; this is especially true with pedestrians. People walking account for over half those killed in hit-and-run collisions.

Peter Dowd MP – Proposed Amendment

Peter Dowd, MP for Bootle, is trying to get the Government to act to close the loophole with hit-and-run. Last month, he introduced a probing amendment to the Criminal Justice Bill which would have introduced two new criminal offences of failing to remain at the scene of a fatal or serious injury collision. 

Mr Dowd also tried to get the reporting time reduced from a maximum of 24 hours to 2 hours.  The 24-hour guideline was set in 1998. In terms of connectivity, much has changed within the last 26 years, and this time limit is now out of date with technology. The 24-hour reporting period can be open to abuse with drivers waiting to sober up before they turn themselves in. 

Government response

Laura Farris MP, Parliamentary Under-Secretary of State for Victims and Safeguarding, responded for the Government.  She stated that she thought the maximum penalties proposed were too high, saying, “We are therefore concerned that the penalties in the new clause would create a sense of disproportionality in maximum sentencing compared with other death or injury offences where there is a higher level of culpability”. She also thought reducing the reporting time could be too onerous on drivers, where minor collisions have occurred.

Mr Dowd agreed to withdraw the “New Clauses” to enable the government to consider potential alternatives to his proposals and he will continue to have contact with the Minister as the bill progresses to the next stage.  Action Vision Zero and RoadPeace West Midlands will continue working with Mr Dowd on our Remain and Report Campaign.

Maximum sentences

This poses the question, what maximum sentences would be fair? This is a key issue to be covered in the long -awaited Department for Transport (DfT) consultation. As seen by recent parliamentary discussions, this consultation is much-needed.

Our Remain and Report campaign suggested maximum sentences be based on those for Causing death and serious injury by disqualified driving, i.e. 10 years for a fatal crash where the driver had failed to remain and four years for a serious injury collision. This was suggested as a starting point for the consultation.    

See below for the maximum custodial sentences set in law currently.

We are not legal experts or sentencing specialists.  We are campaigners who know the current system is unfair to victims of hit-and-run. The justice system fails to recognise the exceptional criminality involved in choosing to leave someone seriously or fatally injured after a crash.  

Following the government’s rejection of the amendment, we have spoken again with families bereaved through hit-and-run collisions. They can accept lower maximum sentences – what they cannot accept is the current six-month maximum custodial sentence.

So, we will continue to campaign for drivers to be held accountable for choosing to leave someone seriously, if not fatally, injured by the side of the road. From our parliamentary reception held in January 2023, hosted by Rachel Maclean, MP for Redditch, we know there is strong cross-party support for closing these loopholes.

We would like to thank Peter Dowd MP, Rachel Maclean MP, Wendy Morton MP and Jane Stevenson MP who have been especially supportive of this campaign.