Councillor McWilliams introduced his motion. He explained that he had brought the motion following a highly emotional and affecting meeting he had had with two of his residents, Mark and Alison Hollands, in their home at Cox Green. They had told him their story and it had completely broken his heart. He believed that one of the most important jobs for a representative was ensuring that residents’ stories were heard in the chamber:

Bryony Hollands was studying Music at the University of Sheffield and was looking to pursue a career in music; she was an accomplished musician playing the French horn, trumpet and piano, as well as performing ballet and in local plays and pantomimes. Whilst during her time at Sheffield University, she also helped provide soup and sandwiches to the homeless and helped decorate a remote village school in India. She was loved by her friends and family and had a bright future ahead of her, bringing her own ‘sunny disposition and mischievous humour’ as one of her teachers described her, who ‘would light up the room’. 

Almost three years ago in August, Bryony was walking home when a car mounted the curb and hit Bryony and her boyfriend. Bryony was killed instantly; she was 19. Her boyfriend survived but has been left permanently deaf in one ear.  The driver got out of the car and immediately proceeded to try to dispose of a syringe and other drug paraphernalia, delete data from his phone and babbled for ‘no police’. It was later found that the driver had taken cocaine and was three times over the drink drive limit.

The driver was promptly arrested and in October 2015 was jailed for causing death by dangerous driving. The maximum sentence available to the judge was 14 years. The judge said that he had to reserve this maximum sentence for cases even more serious than Bryony’s, he said he would have sentenced the driver to 12 years had he been found guilty after trial. However, he was sentenced to just 8 years after having pleaded guilty at the earliest possible opportunity.

Councillor McWilliams had recently discovered that an inmate was usually released after serving half of their sentence, which meant the selfish, callous and ultimately stupid individual would serve just four years for killing Bryony. In recent months there had been confusion added to the situation when the Hollands received an email suggesting that the driver would be moved to a low security prison for the final two years of his sentence. He was also being considered for overnight release on temporary licence in August, just 3 years after killing Bryony. 

Councillor McWilliams stated that this just did not feel right; it felt wrong for someone to serve more time in prison for fraud than for killing another human being. He questioned how anyone could feel that justice had been served.

Following the shock of such a short sentence, the Hollands became involved in the Brake campaign, fighting for longer sentences. The Hollands had said to their sadness they realised that Bryony’s killer had one of the longer sentences for death by dangerous driving.

It became apparent that this sense of injustice was prevalent throughout the UK, where in 2016/17 the police recorded 569 ‘causing death or serious injury by dangerous driving’ offences, which was more than 10 per week. Around them were families, friends and the wider community, the whole area. Finding out that someone had been killed took a toll on everyone whether they knew them or were close to their family. 

Mark Hollands had explained about having to let Bryony’s housemates know why she would not be coming home. How they had already secured accommodation for the following year and so had a room sitting empty for the entire year; a constant reminder and an upsetting and all too real metaphor for loss. He had also spoken about the moments in which the family found out the news and the days, months and years that had followed that moment. No parent should have to bury their child; it was a loss that was really too great, extensive and all-consuming to fully appreciate. The ripples caused by the single act of stupidity were felt far and wide and across many years, ceaselessly expanding and affecting more people. 

Eventually these ripples affected so many people that any government would feel them and so eventually the government issued a consultation, following calls to extend the sentences available and in October 2017, after 70% backed introductions of life sentences, the government said it would bring forward legislation to introduce life sentences for death by dangerous driving. However, since then no legislation had come forward. 

By bringing the motion forward he hoped, given the local MP, it would put pressure on the government. He was sure the government’s parliamentary draftsman were working hard on the details. By passing the motion it would help force the government to bring forward the legislation as urgently as possible.

Councillor Dudley commented that he completely supported the motion. As a father of four he could not imagine how one would come to terms with such a tragic event. However, one must try to reduce the likelihood of such pain and suffering for other parents. More significant custodial sentences would perhaps make people more contemplative of whether or not it was wise to take drugs or have extra drinks. If one of his children killed someone else’s child he would expect them to serve a lengthy sentence. He would be honoured to sign the letter, which would be copied to the Prime Minister. He would also raise the issue directly with the Prime Minister. 

Councillor Smith asked for clarification if the motion was asking for mandatory life sentences or for the permissible tariff to be increased to life. Councillor McWilliams confirmed he would take legal advice before the letter was written to ensure the correct wording was used.

Councillor Carroll highlighted three principles in relation to sentencing:

·         Fairness – the point of justice was to provide redress or a balance. When people saw harsher sentences for lesser crimes this undermined confidence in the system.

·         Proportionality – judges needed the necessary tools and flexibility

·         Prevention – more was needed in terms of education  and promotion of the message that such actions were socially unacceptable.

Councillor Werner stated that he was very supportive of the motion. He trusted that Councillor McWilliams would work with the legal team to get the correct wording in the letter.

Councillor Targowska suggested that the letter should also be sent to the Sentence Advisory Council, the body which set guidelines for judges. This could help with an interim solution before primary legislation came through.

It was proposed by Councillor McWilliams, seconded by Councillor Carroll, and:

RESOLVED UNANIMOUSLY: That this Council:

i)             Requests the Leader of the Council to write to the Lord Chancellor and Secretary of State for Justice urging him to find time in this parliamentary session to bring forward legislation to introduce life sentences for those who cause death by dangerous driving, and for careless drivers who kill while under the influence of drink or drugs, as per the government's response to the Ministry of Justice's consultation in October 2017;

ii)            Recognises the pain and suffering caused by death by dangerous driving or careless driving while under the influence of drink or drugs to family, friends and wider community;

iii)          Believes that the current sentences for death by dangerous driving and careless driving while under the influence of drink or drugs should be strengthened.