Justice

Justice has always mattered to road danger reduction.

Road danger reduction recognises those posing the least harm, e.g walkers and cyclists, face the greatest harm. This is not fair.

The risk posed to walkers and cyclists is aggravated by drivers breaking the law, including by speeding. Speeding is the most common crime and the only one that both increases the risk of a crash and its severity. Careless driving and using a mobile phone are also key offences that pose harm to people walking and cycling.  

Overlooked in road safety programmes

This is a big difference with road safety. Based on a public health approach, it does not differential between offenders and victims–casualty reduction targets apply equally to both. This includes Vision Zero and Safe Systems programmes. Justice does not have a main role in either of them.

Safe Systems often has a Post Collision Response them but this is mainly focused on emergency medical care and emotional support for victims. Rarely are the justice areas of investigation and criminal prosecution addressed.  

The World Health Organisation’s Global Road Safety Plan (2021-2020) includes an effective judicial response in its actions, as it did in the previous global plan. But it has yet to deliver. On behalf of the International Road Victims Partnership, and for the Fourth Global Ministerial Conference on Road Safety (March 2025), AVZ produced a guide on what an effective judicial response would look like.

Discriminated against in the justice system

And if the exclusion by the transport sector was not enough, road crime has also been systematically discriminated against by the justice system. Road crime is regularly excluded from crime statistics and strategies. The Crime Survey for England and Wales asks people about being a victim of crime, but not about road crime. It does ask if respondents have committed road crime, specifically drink driving, drug driving and using a mobile phone. It does not ask respondents about committing any other crime. AVZ has highlighted how the justice system excludes and overlooks road crime.

AVZ’s justice work is organised in three areas

Collision investigation

Criminal prosecution and sentencing

Disqualification focus–the key sanction

Criminal justice

Motoring offences dominate the criminal justice system, at least in terms of offences sentenced at court (MoJ, 2024).

Criminal court statistics, England and Wales (2023)

	Motoring Offence	Non-motoring Offence	Total	% Total Motoring Offence
Fine	639,605	246,585	886,190	72%
Immediate Custody	5,145	66,600	71,745	7%
Community Sentence	16,214	54,450	70,664	23%
Suspended Sentence	6,427	37,307	43,734	15%
Other*	5,791	35,547	41,338	14%
Total	673,182	440,489	1,113,671	60%

Prosecution and Sentencing stats

See our analysis of the frequency of prosecution, the conviction rate and the sentences given for causing death and serious injury offences, and dangerous driving.

Traffic Justice reform

For over a decade there have been calls for a review of road traffic legislation. In spring 2024, AVZ drafted a summary of issues for consideration with any such review. This was shared with other road danger reduction campaign organisations.

AVZ believes the key issue is to ensure speeding and careless driving are sanctioned properly. This includes a review of their charging standards and sentencing guidelines. This could be done much quicker than any review of traffic legislation.

Sentencing Review

Read our response here.

Background statistics can be found here.

Criminal Courts Review

This review, launched at the end of 2024, focuses on how to reduce the burden on Crown Courts. This included downgrading some either-way offences to summary and removing their option of a jury trial.

AVZ responded and supported the downgrading of Dangerous Driving and Causing Serious injury by Careless Driving. Very few convictions incur a custodial sentence over 12 months. We believe both these offences would be used much more often if they were heard at the Magistrates Court.

Read our response here.