[holding answer 25 January 2007]: Sentencing guidelines for the ‘drink driving’ offences that are triable on summary conviction only (that is triable only in the magistrates courts) are included in the Magistrates Courts Sentencing Guidelines. These guidelines do not currently have any statutory force. However, they are in the process of being reviewed by the Sentencing Guidelines Council (SGC), who now have responsibility for them. When the new guidelines are finalised, courts will be required to have regard to them or state the reasons for departing from them.
The Sentencing Guidelines Council will prepare a guideline on the indictable only (i.e. triable in the Crown Court only) offence of causing death by careless driving when under the influence of drink or drugs in due course.