If you are going through a divorce with children involved, you should know what a Child Arrangement Order in the UK is. A Child Arrangement Order is a court order that provides details about a child’s living arrangements. It is a legally binding document, so failing to follow its details will result in legal repercussions. With that said, this article will highlight crucial details about this order so that you can manage your child’s custody during a divorce.

A Child Arrangement Order in the UK

The first thing that you should know about a Child Arrangement Order in the UK is not only applicable during a divorce. It can be applied by any person who has parental responsibility for a child. Such people include biological parents, guardians, relatives, step-parents, and so on. That said, it is most commonly used when a child’s biological parents are undergoing a divorce and want to settle the child’s living arrangements in a court of law. Also, those who are not guardians may have to apply for legal permission to be able to file for this order.

The Various Conditions Detailed in this Order

This order provides details beyond the child’s living arrangements. Thus, in the case of the parents, it mentions in whose care (or home) the child will be in, whether the child will get to spend time with or be able to contact the other parent. There may be certain conditions in place for when the child spends time with the parent who doesn’t have custody of the child. Those conditions must be met to prevent any law-breaking.

It also mentions if the child is allowed to stay with the other parent temporarily. The types of contact outside of temporary visits are also detailed. These types of contact include phone calls, emails, texts, etc. In addition to that, a Child Arrangement Order also provides when the child can or cannot have contact with a specific parent.

Typically, a Child Arrangement Order is made to prioritise the child’s needs. Thus, they may be able to receive care and love from both parents. However, if there under potential threat from a specific parent, then they will be unable to be in contact with said parent.

Last Few Words

It’s always essential to have a solicitor when filing for a Child Arrangement Order in the UK. As a complex legally-binding document, it is crucial to get everything done perfectly when preparing the letter. The court also considers the wants of the child, their needs, i.e., their physical, emotional, and educational needs), your ability to fulfil those needs, and how this order will affect the child. Thus, if you want the court order to be in your favour, you must be able to prove your case, and a solicitor with experience in family law can help with that.

Recently, the UK relaxed its visa rules to encourage Ukrainian Nationals to come to the country through its Humanitarian Support Package. Home Secretary Priti Patel stated to Parliament in the past week that confirmed the government’s creation of an unprecedented Humanitarian Support Package for Ukrainians.

Let’s take a look at it in detail!

UK’s Humanitarian Support Package for Ukrainians

Currently, the package ensures that all Ukrainian family members of British nationals who need a UK visa can apply via a temporary location in Lviv or through Visa Applications Centres in Moldova, Hungary, Romania, and Poland.

Patel has also elaborated that the government had previously increased the capacity in all locations to prepare for Ukraine’s invasion. They had set up a pop-up Visa Application Centre in Poland, which used to offer a total capacity of more than 3,000 appointments each week, but it is expected to double in the present times.

Moreover, Patel confirmed the removal of the English language requirement and salary threshold for Ukrainians, enabling them to come to the UK to be with their families. Thanks to the UK’s Ukrainian Humanitarian Support Package, British nationals and people settled in the country will be able to bring their immediate Ukraine national family members to the country. It will enable around 100,000 more Ukrainians to become eligible to enter the UK and access its work and public services.

The UK Relaxed Its Visa Rules

The government is advising people in Ukraine intending to apply under the Family Migration route to contact the Home Office’s 24-hour line for assistance before proceeding with their visa application. Ukrainian nationals who are already in the country will be allowed to switch to a points-based immigration route or a family visa route free of cost.

The UK has also extended visas for Ukrainian temporary workers, enabling them to stay in the country until the end of this year. Moreover, Patel has declared that the government will amend its visa penalty measures in the Nationality and Borders Bill to ensure that it slows down or stops processing Russian visas or the visa of any state that poses a threat to the UK’s security or its allies throughout the world.

Phase Two of the Humanitarian Support Package

Prime Minister Boris Johnson also confirmed phase two of the Humanitarian Support Package for Ukrainians, which has opened up the space for a couple of hundred thousand Ukrainians or more to be eligible to apply. This phase included the introduction of the Ukrainian Family Scheme by Priti Patel.

The family scheme essentially enables British nationals and individuals settled in the UK to bring their extended family, such as parents, grandparents, adult children, siblings, etc., to the UK. The UK will grant a leave of the initial 12 months to the joining families. They will have the opportunity to access work and public services in the UK.

Phase two will also include a Humanitarian Sponsorship Pathway, a route Ukrainians who have no family in the UK can take to enter the country. These individuals can match with charities, individuals, businesses, and community groups willing to sponsor and support them. People eligible under this scheme will also be granted a 12-month leave, with the freedom to work and access public services in the country.

A post-Brexit UK is expected to face delays in economic recovery from COVID-19 due to political uncertainty and Brexit. A Financial Times survey revealed that around 100 economists declared living standards in the UK would worsen next year. They expect low-income households to be hit the hardest due to high taxes and hiking inflation.

The significant challenges facing the national economy are global. These include widespread pandemic-related inflation, high energy prices, continued labour shortages, viral infection waves, supply chain disruptions, increased risk of climate change, and more. But many economists believe the UK will likely suffer more than other developed countries as its fiscal support decreases. Brexit continues to hurt trade and exacerbate supply bottlenecks, while political uncertainty in the region will likely curb investments.

An Overview of What Economists Expect from the Post-Brexit UK

The director of the National Institute of Economics and Social Sciences, Jagjit Chadha declared that the jagged dominance over Brexit and political uncertainty would create obstacles in what could have been a strong recovery for the country. Paul de Grauwi, a professor at the London School of Economics, said that recovery is driven by future-related optimism. But Brexit will lead to chronic pessimism about the UK economy’s future.

Brexit Will Exacerbate UK’s Economic Troubles

Even though some economists believe that Brexit-related pessimism might be overdone as consumers are benefiting from record-high net worth and a booming labour market, Paul Dales, chief UK economist at Capital Economics, described the promising growth as a statistical mirage brought on by the pandemic. The country’s economy is rebounding faster as it has plunged into a deeper hole since GDP levels haven’t yet rebounded to 2019 levels.

Thanks to full tariff control implementation in 2022, many economists Brexit will exacerbate the trade frictions related to the pandemic as labour shortages and supply chain disruptions will persist, and inflation pressure will become more prominent in other countries. Independent consultant John Llewellyn and other economists said that it would force the BoE to tighten fiscal policies, slowing UK’s recovery over time.

The Government Problem

Some economists have pointed out the government’s reluctance to help businesses affected by the Omicron variant. Meanwhile, others believe the government itself is part of the problem. A series of scandals have lowered PM Boris Johnson’s approval ratings and raised the question of a leadership challenge. Survey respondents mentioned unstable politics and the lack of credible plans for long-term productivity gains.

Johnson’s leadership challenges and the chaotic style of government might encourage businesses to remain in interest mode and defer investment decisions to a time when the economic policy outlook looks clearer.

The Rising Inflation

Inflation is another significant issue in the post-Brexit UK. It recorded 5.1% in November – the highest in more than a decade. Plus, it’s expected to rise in the first quarter or 2022 and reach an exponentially high percentage by the end of the year. The survey respondents believe it will make people worse off by the end of the year as their average wages will not keep up with the rising inflation.

With that said, there is still time for the government to assess its post-Brexit UK economic policies and address pandemic-related concerns to help businesses and the country’s economy head in the direction of recovery instead of going further downhill.

The UK Home Office had launched the EU Settlement Scheme (EUSS) more than three years ago on 21^st January 2019. It was launched to prepare for Brexit. Since then, the government has received and processed thousands of applications, enabling the applicant to receive settled and pre-settled statuses. Data shows that EUS applications received since 30^th June 2021 have been filed by late applicants, people moving from pre-settled to settled status, and joining family members.

Let’s explore the latest EU Settlement Scheme news, and the issues applicants are experiencing with their applications in 2022!

Is the EU Settlement Scheme Reaching the Most Vulnerable?

The Independent Chief Inspector of Borders and Immigration, David Neal, presented a EUSS inspection report to Parliament in January 2022. Titled “A Further Inspection of the EU Settlement Scheme,” this report focused on how the Home Office has provided the most vulnerable access to the EUSS. The inspection report highlights that more than 257,000 vulnerable people have received grant-funded organization support to create their EU applications.

However, concerns remain that some individuals eligible to apply might not gain the protected immigration status they are entitled to because of factors outside their control. These people include individuals with severe health conditions, domestic abuse victims, trafficking victims, vulnerable children, and those without a fixed address. Many EUSS refusals stemmed from people failing to provide sufficient evidence of their residency or relationship.

The inspection report recommends the Home Office should:

• Collect, collate, and use vulnerability and protected characteristic data from diverse sources to identify trends and issues and use that insight into formulating a workable EUSS strategy to support the most vulnerable.
• Offer refresher training to caseworkers assessing EUSS applications involving minors and individuals under 21
• Expedite the work to identify eligible adults with the help of third parties, such as local authorities, social and healthcare trusts, Probation Service, and HM Prisons.

Lack of Timely Help from the Home Office

A significant point of concern in recent times is the lack of timely help from the Home Office, preventing people eligible for the scheme from gaining their settled or pre-settled statuses. The Home Office has declared that only 44% of the calls made to the EUSS helpline are reaching caseworkers.

It’s alarming since the EU settlement scheme telephone helpline is the main point of contact for people with questions regarding the application process and the scheme. Many individuals who call the helpline receive an automated message that details there is no space left in the call cue and that their call will be disconnected.

It has left many prospective applicants unsure about the application process and how to go about it. Moreover, since they are struggling with their applications, they also have to face the issues that come with their right to work, claim benefits, live in a rented home, and more.

The High Level of Demand Has Increased the AR Period

Lastly, many people face odd refusals that they can contest based on clear evidence. These individuals apply for an Administrative Review (AR,) which is essentially a request to the Home Office to review its decision. AR applications are supposed to be processed within 28 days. However, due to the increase in demand, these applications are taking three months and longer to be processed. Even though a pending AR ensures their rights are secure, the applicants still face many uncertainties, especially if they have to leave the country for some unavoidable reasons.

The Bottom Line

Even though the EU Settlement Scheme is a significant effort by the Home Office, more work needs to be done for the scheme to reach the most vulnerable. The Home Office needs to thoroughly review its strategy and take measures to reach individuals who risk losing everything without the scheme.

The UK’s full custom controls have finally come into effect, marking the time for businesses to start planning their trade and logistics according to the new rules. Thanks to the introduction of the comprehensive custom controls in January, the government now requires UK businesses importing goods from the EU to make complete custom declarations or have the authorisation to make simplified declarations.

Let’s see how businesses can prepare for UK’s full custom controls!

UK’s Full Custom Controls

In January 2021, the UK government announced trade changes post-Brexit. These included complete export declarations on goods moving from Great Britain to the EU, the convenience of a 175-day delayed declaration on most imported goods in the UK, postponed VAT accounting for UK imports, relaxed custom paperwork requirements, and more.

However, in January 2022, the government changed the trade rules and now requires businesses to:

• Make full custom declarations
• Pre-notify the government about agriculture and food imports
• Pay for any traffic upfront (VAT-registered businesses can still use postponed VAT accounting

The government also plans to implement the following rules by 1^st July 2022:

• Requirement of security and safety declarations
• Export Health Certificates requirement where necessary
• Border Control physical checks on agriculture and food imports

5 Ways Businesses Can Prepare for These Rules

Here’s how businesses can prepare for UK’s full custom controls:

Learn about the Import/Export Process

Many companies have already been following the export rules out of the UK, but the new customs controls will affect imports in the UK. Hence, it’s best to familiarise yourself with the ins and outs of the new UK trade regulations so that you can move goods across the EU-UK borders without facing delays.

Study Tariffs & Commodity Codes

The new rules might be complex for businesses as they vary depending on the goods, their origin, and characterisation. Post-Brexit, the UK-EU Free Trade Agreement ensured tariff-free imports between the EU and UK for goods that originated in the UK or EU.

The trade agreement doesn’t state that all goods moving between the two will be duty-free. It’s why you must learn the codes and tariffs related to your goods to complete the paperwork associated with your export/import. It will also enable you to pay the correct import VAT and customs duty.

Hire a Customs Intermediary or Do It Yourself

As a business owner, you can manage your declarations or hire a customs intermediary to do it for you. The latter will enable you to receive expert guidance. Just make sure to learn about the service they provide, how they can assist you, represent you directly or indirectly, and understand their liability policies and commercial regulations.

You will need to give them your EORI number, contracts or invoices for the goods you’re exporting or importing, restricted goods certifications or licenses, and clear goods descriptions. They might also require additional documents that you will need to give to them timely.

Prepare Paperwork Requirements for Goods

You might need to offer additional paperwork to the government based on what types of goods you’re importing into the country. It might include export health certificates and pre-notifications to move animal products and live animals, UK safety and security declarations, and duties and declarations still owed for goods imported from the EU since January 2021.

Prepare Your Supplier for Business

If you’re bringing goods into the UK from the EU, you will need a supplier willing to understand the UK’s full custom controls. Ensure that they can clear the goods through customs under the tariff-free status of the UK-EU Trade Agreement.

While it’s too early to determine the full effect of the UK’s custom controls on its trade with the EU, you need to follow the trade rules to ascertain your success as a business operating in the country.

The UK launched its Ukrainian Family Scheme on 4^th March 2022 to support the Ukrainian nationals coming to the UK to meet their families. Home Secretary Priti Patel visited the Polish border as the country launched this scheme meant to reunite many Ukrainians with their UK-based families. She firmly pledged to stand side-by-side with the Ukrainians as she met refugees at the border.

Priti Patel, Home Secretary, Visited a Ukrainian Refugee Reception Centre

Priti Patel visited a Ukrainian refugee reception centre in Medyka, one of the significant border crossings between Ukraine and Poland. She was accompanied by Bartosz Grodecki, Poland’s Deputy Interior Minister. Patel met with refugee children, women, and families who will potentially apply to join their families in the United Kingdom.

She reiterated the government’s firm support of the refugees and spoke about its Ukraine Family Scheme, which will effectively allow immediate ad extended family members of British nationals and individuals settled in the UK to come to the country and visit them.

She also announced that those individuals joining their families through the scheme would be granted a leave for three years, which will ensure their future in the country.

After Patel’s visit to the centre, expert Home Office staff have travelled to Poland to offer their advice to Ukrainian refugees regarding visa processing. They will ensure a rapid visa service to help manage the flow of people coming through the Ukrainian border.

More Details about the Ukrainian Family Scheme

According to Patel, it was heart-breaking to have met the refugee families and children who were forced from their homes due to Russia’s senseless invasion. She expressed how wonderful it was to see the first few people apply to the expanded Ukraine Family Scheme.

While the end goal is certainly to help people return to their homeland at the end of this monstrous invasion, giving thousands of refugees a safe route to the UK is the only proper thing to do.

Patel insisted that the entire country is united in its condemnation of Russia’s barbarous and cruel actions. Moreover, the government is doing everything in its power to ensure that the humanitarian support it offers is in Ukraine’s best interest.

This new Ukraine Family Scheme includes routes developed in close consultation with Ukrainian leaders and other leaders in the region to ensure that the measures taken answer their needs. Bartosz Grodecki also reiterated the UK’s continued support in the region.

Additionally, the Home Office has raised the capacity to other countries, including Poland, Hungary, and Moldova. It has set up a new pop-up Visa Application Centre in Rzeszow, Poland, to increase the total number of appointments and help more and more people learn about the scheme. It’s part of the UK’s broader attempt to support Ukraine against Russia’s invasion.

The new Ukrainian Family Scheme comes on the heels of the Prime Minister announcing that the government is working to establish a local sponsorship scheme for Ukrainians with no ties to the UK to seek refuge here. It will involve communities or local authorities to help bring people to the UK.

The UK is finally welcoming a no-fault divorce procedure thanks to the Divorce, Dissolution, and Separation Bill passed in June 2020. The changes proposed in the bill are inarguably resulting in the most significant shape-up of divorce rulings for 50 years. These proposed rulings will be in effect from 6^th April 2022. After this date, married couples and civil partners will be able to attain a divorce without assigning blame to the other party.

These divorce law changes, especially the no-fault divorce step, have been long overdue. The new divorce bill and resultant law changes will mitigate hostility between divorcing couples by eliminating the need to blame each other.

The Current State of Divorce Law

Until the rulings in the divorce bill come into effect, the current divorce law will remain operational. Under this law, married couples seeking divorce are required to prove the irretrievable breakdown of their marriage. Here are the proofs they can present to do so:

• Desertion by one party
• Adultery
• Unreasonable behaviour
• Consensual separation of at least two years
• Non-consensual separation of five years

These factors remain the same for civil partnerships, except for adultery. They pit one party against the other instead of allowing the pair to separate and divorce amicably and through mutual agreement.

No-fault divorce – The New Divorce Bill

The new divorce rulings rooted in the Divorce, Dissolution, and Separation Act are meant to modernise the divorce proceedings in the current century. They aim to give the parties the option of a no-fault divorce, which will enable them to avoid confrontation and mitigate the damaging effect of an ugly divorce on children. The divorce bill will remove the need for one party to blame their spouse and allow the couple to sign a sole or joint statement citing the marriage’s breakdown and their wish to part ways.

This critical statement will prevent both parties from contesting the divorce as the court will consider it as proof of their marriage’s irretrievable breakdown. This way, both husband and wife or civil partners can file for a divorce without maligning the other’s character or proving the breakdown of their marriage. They will also not require the other individual’s consent to file for divorce. It will protect victims of domestic abuse as their abusive partners will not be able to contest their decision.

The New Divorce Process

The new divorce bill also alters the new minimum time for submitting a statement to 20 weeks. It will allow both parties to discuss the agreements surrounding their divorce. Once 20 weeks are done, the court will grant a condition order. After that, the applicant and their partner will have 6 additional weeks to reflect on their decision and then file a final order to end the marriage or civil partnership.

A Better Future

The breakdown of a marriage is an emotional time for any couple. Currently, partners have to prove one of the five conditions for divorce, resulting in parties assigning blame on each other. It gives rise to unnecessary conflict in an already emotionally-charged time. The current out-dated divorce process also affects the wellbeing of the child they share, if any. It also results in more expenditures, the involvement of many solicitors, and more emotional duress.

By ensuring a no-fault divorce, the UK will enable couples to resolve their divorce matters quickly and amicably. It will empower them to protect their children from a harrowing divorce process. It will also be a more collaborative process as neither party will feel the pressure of playing the blame game.

Following Russia’s invasion of Ukraine, the UK recently announced that it will end extradition to Russia as it seeks to freeze Putin’s regime from the international system. Priti Patel, the UK’s home secretary, has recently announced that the UK will go ahead with extradition suspension to Russia and stop all global criminal collaboration with the country.

Let’s look at the suspension of the UK’s extradition to Russia and the general reaction to this decision.

Why Did the UK Decide to Suspend Extradition to Russia?

The home secretary’s decision to ban extradition to the UK comes amid increasing concerns that the Crown Prosecution Service represented Putin’s government in the UK’s court of law at the British taxpayers’ expense. Priti Patel’s announcement is meant to curtail the reach of Putin’s regime dramatically. This move will end the 28 live extradition requests that Moscow has currently lodged with the UK.

Russia’s Abuse of the Extradition Arrangement

The decision to put an extradition suspension on Russia came due to increasing pressure from human rights groups, lawyers, legal experts, MPs, etc., who have repeatedly highlighted that Russia routinely breaches the extradition arrangement. For years now, they have voiced Russia’s abuse of the extradition agreement and its international obligations and assurances that it has continued to offer to the UK courts when it comes to extradition cases. Even before the UK’s move to end extradition to Russia, the United Kingdom had not approved extraditions to Russia since 2018, when the courts surmised that Russian authorities could not be trusted and the prison conditions were not independently monitored.

Russia’s Intention to Withdraw from the CoE

This move from the UK to end extradition to Russia will certainly prevent any extraditions in the near future. Moreover, the Russian government’s intention to withdraw from the Council of Europe and the European Convention on Human Rights will also stem future extradition plans. Even if the UK reinstates its extradition to Russia, it’s difficult to imagine the latter will be able to convince the UK courts to extradite anyone.

Even while Russia was a member of the Council of Europe and a signatory of the Convention, it had a hard time convincing the UK courts that it would comply with its human rights obligations. Now, in these circumstances, when such obligations do not bind Russia, the UK will not be easily convinced.

The UK Wants Russia Expelled from INTERPOL

Apart from the UK’s move to end extradition to Russia, it also wants Putin’s government to be expelled from INTERPOL. It’s something human rights activist groups have been pushing for because of Russia’s abuse of Red Notices to attain political dissents. INTERPOL has already stipulated that Moscow can no longer send diffusions directly to INTERPOL country members and instead must send them to the General Secretariat so that they can check them for compliance.

How Will This Move Affect Both Countries

Regardless of the clear stance of the UK courts since 2018, the government’s move to end extradition to Russia will certainly impact both nations. Russia is already reputedly making extradition requests to the UK and claims that 28 live extradition cases are currently under the UK authorities. It will affect all those cases and might lead the UK to consider alternatives to the current agreement, such as ad hoc extradition agreements with Putin’s government. Otherwise, the UK might become a safe haven for fugitives from Russia.

Interested in learning about the execution of foreign judgments post-Brexit in England and Wales? Read on to find out everything you need to know!

In December 2020, Brexit came into effect, and the EU’s regulations on jurisdictions and recognition and execution of judgments in civil and commercial issues ceased to apply in the UK since it was no longer an EU member. Since January 2021, the UK has had no clear legal system for the execution of foreign judgments post-Brexit. Today, businesses rely on domestic recognition regimes in the country, which include additional procedural steps to recognise a foreign judgment. It makes enforcing these foreign judgments more time-consuming, costly, and challenging.

Let’s explore this in detail:

The Hague Agreement

Before moving forward with Brexit, the UK agreed to the Hague Convention on the choice of Court Agreements. It’s not new to the country since it was part of this convention due to its EU membership. The Hague Convention can be applied in cases where the parties have entered into an exclusive choice of court agreement. The convention allows a relatively straightforward execution of foreign judgments post-Brexit.

It is applicable when:

• An exclusive jurisdiction clause is concluded after entering into force for the chosen court’s state. There can be exclusions to the rule based on the scope of the Hague Convention. Employment and consumer contracts are outside its remit.
• Proceedings are commenced after it enters into force for seized court’s state.

The Lugano Convention

The UK did not accede to the Lugano Convention for instances where judicial assistance was needed when no exclusive choice of court agreement was in place, and hence, the Hague Convention cannot be applied. Had the UK agreed to the Lugano Convention before Brexit, it would have offered a more thorough reference for cross-jurisdictional judicial cooperation.

Moreover, in July last year, the EU had refused to give the UK its consent to access the Lugano Convention. The EU reasoned that this convention should be reserved for member states of the EU and states with close regulatory interaction with the European Union.

It was felt that, by its nature, the Lugano Convention should be reserved for those States with close regulatory integration with the EU. It is why the UK is unable to rely on this convention.

Enforcement of Judgments beyond the Hague Convention

Since the UK has been denied access to the Lugano Convention, it has to rely on domestic rules in England and Wales to enforce and execute foreign judgments post-Brexit. The statutory regimes of the Foreign Judgments (Reciprocal Enforcement) Act 1933 and the Administration of Justice Act 1920 might enable the registration and execution of these judgments. They are arguably swifter and more economical than the common law regulations under CPR Part 74.

Under English common law, enforcing foreign judgments demands the creditor to start a fresh cause of action in the court of law. However, the foreign judgment itself creates the cause of action in this case. The Limitation Act 1980 will also apply to common law regulations.

Prospective Future Developments

The promising Convention of 2^nd July 2019, rooted in the recognition and enforcement of foreign judgments in commercial and civil matters, enables the effective and seamless international circulation of judgments in commercial and civil issues. The UK hopes the Judgment Convention will continue to complement the Hague Convention and offer a more stable, comprehensive regulatory framework to facilitate cross-jurisdictional enforcement. That said, Brexit will continue to shape and affect the law and foreign judgments.

Wondering what the driving offences in the UK are? Read on to find out!

From drunk driving and texting and driving to speeding and reckless driving to not carrying the appropriate documents, countless reckless actions fall under the scope of a driving offence. Plus, certain behaviours result in multiple offences that could lead you to face a lot of legal trouble.

So, without ado, let’s look at what counts as a driving offence in the UK under the Road Traffic Act 1988!

Driving Offences in the UK

Here are all the driving offences you can make in the United Kingdom:

Dangerous Driving

Dangerous driving is a driving offence under section 2 of the Road Traffic Act (RTA) 1988. A person commits this offence when their driving falls way below the standard of competent driving expected from a careful and proficient driver, and their driving is deemed as outwardly dangerous. Behaviours that fall under this offence include racing, speeding, driving aggressively, ignoring traffic lights, dangerous overtaking, drunk driving, driving when unfit, driving when distracted, and more.

Careless Driving

Reckless or careless driving constitutes actions that result in driving without due attention. This offence is under section 3 of the RTA. A driver can commit this offence when their driving falls below the standard expected from a careful driver. Examples of careless driving include overtaking on the inside, driving through a red light by mistake, misusing lanes, driving too close to another car, turning into the path of another vehicle, distracted driving, flashing headlights needlessly, slow driving without reason, etc.

Driving Offences Involving Death

The most common driving offences in the UK that involve fatalities are caused by reckless, dangerous driving by careless drivers who drive under the influence of alcohol or drugs. Other possible offences might be driving without a valid license, driving while disqualified, and aggressive driving.

Document Offences

A driver can also commit document offences while driving if they drive otherwise than in accordance with a license. Driving without a legitimate license covering their vehicle’s class, without insurance, or without an MOT certificate, will also constitute as a document offence. Moreover, under Section 172 of the RTA, a driver will commit an offence if they do not provide their personal identification information when they might have committed an offence.

Driving under the Influence

It is illegal to drive if the amount of alcohol in your breath, urine, or blood is more than the prescribed limit, and you’re unfit to drive due to drugs or alcohol in your system. If you do not provide a roadside specimen in the breath test or at a police station when suspected of driving under the influence, it’s a punishable offence.

Penalties for Driving Offences in the UK

The penalties the court charges depend on the type of driving offence committed. Here are some common penalties:

• For Fatality due to Careless Driving Under the Influence:1 to 14 years in prison or an unlimited fine or both, disqualified from driving for a minimum of two years
• For Death due to Dangerous Driving:1 to 14 years in prison and disqualification for a minimum of two years
• Fatality by Careless or Inconsiderate Driving:Up to five years in prison and a minimum 1-year disqualification
• Death by Driving Unlicensed, Uninsured, or When Disqualified: up to two years in prison or an unlimited fine or both, a minimum 1-year disqualification
• Manslaughter or Murder:Up to life imprisonment and a disqualification of a minimum of 2 years