Causing serious injury by driving: disqualified drivers
Maximum sentence: 4 years’ custody · guideline effective from 01 July 2023
Independent editorial summary — not an official statement of the court, tribunal, or regulator.
This is a reference summary — not a definitive sentence
Sentencing is highly fact-specific. The judge follows a structured process: (1) determine offence category (harm × culpability); (2) identify starting point and range; (3) apply aggravating/mitigating factors; (4) consider guilty-plea reduction; (5) consider totality and ancillary orders. Only the authoritative Sentencing Council guideline gives the full grid for this offence.
The structured 5-step process
- Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
- Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
- Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
- Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
- Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.
Factors increasing seriousness
Verbatim from the Sentencing Council guideline (non-exhaustive list).
- Previous convictions
- Offence committed whilst on bail
- Victim was a vulnerable road user, including pedestrians, cyclists, horse riders, motorcyclists etc
- History of disobedience to disqualification orders (where not already taken into account as a previous conviction)
- Disregarding warnings of others about driving whilst disqualified
- Blame wrongly placed on others
- False details given
- Failed to stop and/or obstructed or hindered attempts to assist at the scene
- Passengers in the offender’s vehicle, including children
- Offence committed on licence or while subject to court order(s) (not including the current order for disqualification)
Factors reducing seriousness or reflecting personal mitigation
Verbatim from the Sentencing Council guideline (non-exhaustive list).
- Actions of the victim or a third party contributed significantly to collision or injury
- Efforts made to assist or seek assistance for victim(s)
- Remorse
- The victim was a close friend or relative
- Serious medical condition requiring urgent, intensive or long-term treatment
- Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
- Mental disorder or learning disability
- Sole or primary carer for dependent relatives
- Pregnancy, childbirth and post-natal care
- Difficult and/or deprived background or personal circumstances
Last ingested: 2026-08-24 from sentencing-council.