Dangerous driving: sentencing and recidivism - Law Reform and Sentencing Advisory Council

On 29 November 2023, the Council received a sentencing referral from the ACT Attorney-General on the topic of dangerous driving: sentencing and recidivism. This referral was made pursuant to the Council’s sentencing functions.

Sentencing Council referral

Terms of reference for dangerous driving sentencing and recidivism

The Crimes (Sentencing) Act 2005 outlines that a court may impose a sentence for a number of purposes, including ensuring the offender is adequately punished, deterrence, protecting the community, promoting rehabilitation of the offender, making the offender accountable, denouncing the offender’s conduct, and recognising harm done to the victim and community. The Act also specifies matters to which a court must have regard in deciding how to sentence an offender.
The Council will review and analyse data on the sentencing of dangerous driving offenders, including repeat offenders, having particular regard to Recommendation 3 of the Standing Committee on Justice and Committee Safety Report No16 Inquiry into Dangerous Driving, and the Government’s response to this recommendation.
The Council will also consider and make recommendations for any procedural, administrative, or legislative changes that could assist in reducing the incidence of repeat offending, particularly in the context of dangerous driving.
The Council should undertake consultation with:
1. experts in First Nations justice, and First Nations people directly affected by and with lived experience relevant to the referral; and
2. victims of crime and/or their families in relation to the referral.
The Council may also undertake any other consultation it considers necessary or appropriate for the purposes of forming its recommendations in relation to this referral.
The Council should consider any findings and recommendations of the First Report of the Independent Review into Overrepresentation of First Nations people in the ACT criminal justice system.
The Council will report on the above issues and provide its recommendations to the Attorney-General by 30 July 2024.

You can view and download the full Terms of Reference here.

Consultation paper

On 26 March 2024, the Council publicly released a consultation paper, seeking information and submissions.

Please refer to the following questions in your submission:

What is “dangerous driving”?
What constitutes repeat dangerous driving and/or a “repeat offender”?
What are your thoughts on the current framework of serious driving offences? Do you believe they adequately address the range of dangerous behaviours on the road?
Are there any specific serious driving offences you believe should be introduced in the ACT? If so, what specific situations or behaviours do you think are not adequately addressed, and what should be the maximum penalty for any new offence?
Do you believe the current maximum penalties for driving offences are appropriate? Why or why not?
Do current ACT sentencing practices align with the stated legislative purposes of sentencing?
Are there any specific aspects of sentencing practices in the ACT in the context of serious driving offences that need improvement or reform? If yes, what are they and why?
Are there any aggravating or mitigating factors specific to serious driving offences that should be given greater consideration during sentencing?
Are there ways in which the Court could be better informed about the offender’s risk of reoffending at sentencing?
What are the most pressing needs or gaps in existing ACT programs or initiatives aimed at changing dangerous driving behaviour, and how do you think these needs can be addressed?
What should be the key priorities or focus areas for programs aimed at addressing the root causes of dangerous driving, and how can the community, government, courts and the justice system work together to implement effective interventions?
How might offenders who are unlikely to be deterred by normal legal sanctions, or ‘high risk offenders’, be identified in the ACT?
What characteristics does such an offender have?
What interventions could be targeted towards this cohort with the aim of reducing further offending?
Is the current ACT licence disqualification framework working to change dangerous driving behaviours for early-stage offenders? How might this framework be improved?
How can the justice system improve victims’ experience of, and their participation in, sentencing proceedings for serious driving offences?
Are restorative justice procedures an effective part of the criminal justice system for serious driving offences?
Should the broader impact of serious driving offences on the community, such as the impact to first responders and witnesses, be taken into account on sentence? If so, how?

How to make a submission

The Council is keen to hear from members of the community about their experience and perceptions on dangerous driving in the ACT.

The Council also welcomes submissions from organisations whose work is relevant to the subject matter of the review.

Public submissions provide us with the information and opinions we need to give advice on law reform and sentencing matters in the ACT.

You can make a submission by visiting our digital form and uploading your submission file. Submission files can include Word documents, PowerPoint presentations, photo and video files and PDFs.

You can also send your submission via email to the Council Secretariat at LRSACSecretariat@act.gov.au.

Responses to the consultation paper are welcomed by 4pm on 7 May 2024.