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Causing death by driving: disqualified drivers

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Causing death by driving: disqualified drivers

Road Traffic Act 1988, s.3ZC

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Indictable only
Maximum penalty
10 years’ custody

Actus reus

  • Cause the death of another person by driving a motor vehicle on a road while disqualified from holding or obtaining a licence (RTA 1988, s.3ZC).

Mens rea

  • Driving while a disqualification was in force, and that driving caused death. No need to prove dangerousness.

Defences

No disqualification in force · Not driving / not a road · Driving did not cause the death

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 7 years’ custody.

View definitive guideline ↗

At the police station

Get the order dates. Distinguish s.103 (drive while disqualified, no death) and s.3ZB (unlicensed/uninsured).

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.