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Family welcomes review of law after driver who killed daughter ruled unfit to stand trial

Family welcomes review of law after driver who killed daughter ruled unfit to stand trial

bbc.co.uk 27.08.2026 17:27 4 views
The UK government says it is considering changing the law around defendants who are considered unfit to stand trial.

The family of a woman killed after a high-speed race through residential streets says it is a "relief" the government was considering changing the law around defendants who are considered unfit to stand trial. Sophie Brimble, 20, died after her boyfriend, Jay Bayliss, crashed into a lamp-post in Brynmawr, Blaenau Gwent, in July 2017, while driving at almost three times the speed limit. He was deemed too badly injured for criminal proceedings.

The family launched a petition to give courts greater powers in similar cases, after Bayliss was again declared unfit in 2026. The Ministry of Justice (MoJ) said it "agrees the law needs updating and is considering reforms". The petition, which has been signed by more than 10,000 people, calls for the government to reform the law on unfitness to plead - which is when a criminal defendant cannot stand trial because of their physical or mental condition.

It seeks to end the current situation where, if a jury finds someone caused serious harm or death in a trial of facts, the courts cannot apply "meaningful sanction". It requests for victim's rights to justice to be considered, and for risks to public safety to be reduced, through increased court powers to apply measures including driving bans. Aimee Coombes, Brimble's sister, said while her family was relieved by the government's reaction they were "waiting now, and how long is it going to take?" In 2019 a court found Bayliss' friend Neil Brooks guilty of causing death by dangerous driving, after the two decided to race on a residential road.

Brooks was jailed for eight years and given a nine-year driving ban. Gwent Police calculated the two cars were travelling at speeds of more than 80mph on 30mph roads in the moments before Bayliss lost control. Bayliss was subsequently found too badly injured to stand trial, but police reopened the investigation in 2024 after discovering he had successfully reapplied for a driving licence.

He was charged with causing death by dangerous driving, but at the start of the trial in March 2026, the judge ruled, based on medical evidence, that he remained unfit for the criminal process to go ahead. A trial of facts was then held instead, which means the prosecution set out the case in front of a jury, but Bayliss did not have to play a part in proceedings or be present in court. A jury found Bayliss responsible for causing Brimble's death by dangerous driving.

But the limited options available to the judge at the sentencing hearing did not include a prison term nor a driving ban, and Bayliss was given an absolute discharge. This means the court has decided not to impose a punishment because the experience of going to court has been punishment enough. It also meant the court was powerless to take his driving licence.

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