Automatic sentence reductions for guilty pleas should be less “generous” when there is “no question of guilt”, a Conservative MP has said, following calls from the family of a crash victim.
Offenders who plead guilty at the first available opportunity are given a discount of one-third under current sentencing guidelines.
Sir Ashley Fox has argued there should be “a range of discounts available”, as opposed to an automatic reduction, and is supporting calls from Bethany Branson’s family for a review of the “unfair” sentencing system.
Bethany Branson died in November 2022 after her car was hit by a driver who had run a red light (Amy Branson/PA)
The 19-year-old died in November 2022 after her car was hit by a driver who had run a red light.
Luke Hawkes was jailed for 10 years at Taunton Crown Court the following January, after he admitted to causing a death by dangerous driving and failing to provide a specimen.
In bodycam footage, Hawkes can be heard saying “I hope I killed them” as he is put into the back of a police van.
Ms Branson’s mother, Amy Branson, has argued the sentence given to Hawkes was not “severe enough” and has called for judges to be offered a “scale” of reductions.
Speaking to the PA news agency, Sir Ashley, MP for Bridgwater, said: “You can quite see why the courts would wish to reduce sentences for guilty pleas.
“It saves victims having to give evidence, and it saves the court and the police the time and trouble of prosecuting.
“But I think what (the family) would argue, and I would agree with them, is that there should be some flexibility on the part of the judge.”
He added: “When you’ve actually been found at the seat of the van that’s just crashed, and you’re drunk and you’ve recorded a confession, your chance of acquittal is close to zero, isn’t it?
“So that person pleading guilty, should they be entitled to the same one-third discount?
“I think the sentencing magistrate or judge, clearly a judge in this case, should have flexibility, and there should be a range of discounts available.
“So that, for example, with the driver in this case, because there was no question of his guilt and no prospect of an acquittal, it shouldn’t be a third, it should be a lower amount.”
Conservative MP Sir Ashley Fox (Aaron Chown/PA)
He continued: “I’m not saying that this individual should get no discount for pleading guilty, but I’m not sure, I think a third is too generous. And that is what we should be discussing.
“I think rather than a third discount being automatic, the Sentencing Council should look at a figure of between 15% and 33%, or 20% and 33%.”
Mrs Branson described the current system of automatic reductions as “unfair”.
She told the PA news agency: “It wasn’t one poor choice he made.
“He’d had an accident up the road, and he had chosen to get back in his car and drive off, and he’d chosen to go through red lights, and he had chosen to do the speed he was doing.”
Bethany Branson with her mother Amy Branson (Amy Branson/PA)
She added: “To me, this is manslaughter. He should have received a harsher sentence for what he has done.
“He will get his life back and start again, and we won’t ever.”
Mrs Branson continued: “It shouldn’t be just, oh I plead guilty, which then means you get an automatic reduction, it doesn’t seem fair. There should be a scale.
“Ben (Ms Branson’s father) and I aren’t angry people, if we’re angry we’re dishonouring Bethany’s memory, she wouldn’t want that either.
“But we do feel really strongly that the sentencing was not strong enough.”
Bethany Branson with her father Ben Branson (Amy Branson/PA)
Sir Ashley asked for a debate on sentencing policy during business questions in the Commons last month.
Responding, Commons Leader Lucy Powell said her heart goes out to Ms Branson’s family.
She added: “We’ve currently got a sentencing review taking place, there will be updates coming forward to this House, there will be further legislation on some of these matters where he could raise them further.
“But we do need to do more to reduce tragic deaths like the one that he describes, and really deter people from drink-driving and dangerous driving in the way that he describes.”
Mrs Branson said her daughter had the “biggest heart”, with her two passions in life being animals and rugby.
“She picked people up when they were down and even the judge at the end of the sentencing said she was destined for a life of giving,” she added.
The family has raised more than £40,000 for charity in memory of Ms Branson and hope her legacy will help to prevent people from driving dangerously.
The Sentencing Council has said it has “no plans to review the guideline”.
In 2017, the council considered whether in cases of overwhelming evidence the full reduction should be given for an early plea, concluding: “The benefits that derive from a guilty plea apply equally in cases where the prosecution evidence is overwhelming.
“That what amounts to overwhelming evidence is a subjective judgement, and that for the guideline to operate effectively it must provide certainty.”
The Ministry of Justice declined to comment.