Dangerous driving
s.2 Road Traffic Act 1988 · Crown Court / Magistrates
Sentencing framework
The guideline for dangerous driving categorizes the offence based on culpability and harm, establishing a structured approach for sentencing. It outlines maximum and starting sentences, offence ranges, and sets forth specific aggravating and mitigating factors that influence the final sentence, allowing judges to tailor penalties according to the individual circumstances of the case.
Maximum sentence
2 years’ custody
Court
Crown Court / Magistrates
Starting point
1 year 6 months’ custody
Offence range
Community order – 2 years’ custody
Aggravating factors
- ·Previous convictions
- ·Offence committed whilst on bail
- ·Victim was a vulnerable road user, including pedestrians, cyclists, horse riders, motorcyclists etc
- ·Driving for commercial purposes
- ·Driving a goods vehicle, PSV etc
- ·Other driving offences committed at the same time as the dangerous driving
- ·Blame wrongly placed on others
- ·Failed to stop and/or obstructed or hindered attempts to assist at the scene
- ·Passengers in the offender’s vehicle, including children
- ·Vehicle poorly maintained
- ·Offence committed on licence or while subject to court order(s)
Mitigating factors
- ·No previous convictions or no relevant/recent convictions
- ·Good driving record
- ·Actions of the victim or a third party contributed significantly to collision
- ·Offence due to inexperience rather than irresponsibility (where offender qualified to drive)
- ·Genuine emergency
- ·Efforts made to assist or seek assistance for victim(s)
- ·Remorse
- ·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
- ·Prospects of or in work, training or education
Sentencing range explorer
Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.
Culpability
Harm
Select a culpability level and a harm category above.
The sentencing process, step by step
- Step 1 — Determining the offence category
- Step 2 — Starting point and category range
- Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution
- Step 4 — Reduction for guilty pleas
- Step 5 — Totality principle
- Step 6 — Disqualification, compensation and ancillary orders
- Step 7 — Reasons
- Step 8 — Consideration for time spent on bail (tagged curfew)
Guideline notes
- Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system.
Always read the full guideline
This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.
Open the full guideline on sentencingcouncil.org.ukSource: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.