The family of a young woman killed by a speeding driver has expressed outrage after he escaped any punishment due to an obscure 200-year-old law. Sophie Brimble, 20, died when her boyfriend Jay Bayliss, now 32, crashed into a lamppost while driving at nearly three times the speed limit.
Fatal crash and legal loophole
The crash followed a high-speed race between Bayliss and his friend Neil Brooks, 49, after Brooks overtook Bayliss in July 2017. Brooks was jailed for eight years and given a lengthy driving ban, but Bayliss was initially deemed too badly injured to stand trial. However, an investigation was reopened in 2024 after police discovered he had regained access to his driving licence.
Bayliss was charged with causing death by dangerous driving, but a judge again ruled him unfit to stand trial in March this year. Instead, a trial of facts was held at Newport Crown Court, where a jury found him jointly responsible for Sophie's death. The court said its options were limited under legislation dating back to 1836 and issued an absolute discharge, meaning Bayliss could keep his licence. An absolute discharge indicates the court decided not to impose a punishment because the experience of going to court was deemed sufficient.
Family's heartbreak and call for change
Sophie's mother, Ruth Jenkins, 56, described the outcome as "heartbreaking." She said: "He is living the life of Riley. He still gets to celebrate birthdays and Christmas, and Sophie is gone. This law is nearly 200 years old. A lot has happened in all those years. We want to change the law so people can't get away with it."
She added: "The judge couldn't give him a driving ban because he couldn't be punished due to this law. It's quite shocking that it hasn't been updated. He chose to race that car. The other driver went to prison and lost his licence, and he wasn't even driving the car she was in. When we found out he was driving again, we thought we could get something for her, but as it went on, there seemed to be no hope. Every time we left court, it was a let-down. We just feel like her life didn't matter in the eyes of the law."
Sophie's sister Chloe Brimble, 26, said: "If he wasn't able to stand trial due to brain injury, he shouldn't be capable of driving a car because that should be classed as a risk for others. I don't know how he can walk with his head held high knowing he has killed someone." Another sister, Aimee Coombes, 32, added: "We haven't spoken out for nine years, but we feel as a family that we need to speak out and people need to know about this."
Details of the crash
Sophie, from Crickhowell, Powys, died when the Volkswagen Polo she was a passenger in crashed into a lamppost at speeds of up to 80mph on King Street, Brynmawr, in the early hours of July 26, 2017. Prosecutors described how both drivers drove aggressively through residential streets, reaching speeds of more than 80mph in a 30mph zone. Bayliss lost control, causing the car to rotate and crash into a lamppost. He sustained serious physical and psychological injuries requiring long-term rehabilitation.
Brooks was sentenced to eight years in prison at Cardiff Crown Court in November 2019 for causing death by dangerous driving and was disqualified from driving for five years.
Legal reform petition
The family has launched a petition calling for changes to the law on unfitness to plead and for mandatory public safety measures, such as driving bans, for individuals found responsible at a trial of facts. The petition has so far reached nearly 1,500 signatures. If it reaches 10,000, the UK Government will be required to issue a formal response.
Ruth Jenkins said: "We never knew this law existed until we had to face it ourselves. Nobody should have to go through this." Aimee added: "It is knowing that someone else isn't going to go through what we have been through." Chloe said: "It's not going to bring us justice for Sophie, but if it could be changed for another family, they wouldn't have to go through the heartache."
Government response
A Ministry of Justice spokesman said: "This was a tragic death, and our thoughts remain with the family of Sophie Brimble. While the circumstances here are rare, we understand the distress a case like this can cause and are already working to reform the law around unfitness to plead. The Law Commission is carrying out further reviews into related areas of law, and we will use those findings to make changes so the policy is fit for purpose." The DVLA declined to comment on individual cases.
