Sophie Brimble, 20, died in a high-speed car crash but her family has spoken out to call for a law change after the driver was given an ‘absolute discharge’ under a 200-year-old law
The family of a young woman killed by a speeding driver are furious he has escaped any form of 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 almost three times the speed limit. The crash followed a high-speed race between Bayliss and his friend Neil Brooks, 49, after Brooks overtook Bayliss in July 2017.
Sophie’s family has now spoken out for the first time to call for a law change after he was given an ‘absolute discharge’ under a piece of legislation from 1836 around his fitness to stand trial.
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 opened in 2024 after police found he 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 their options were limited under the legislation dating back to 1836 and issued an absolute discharge, allowing Bayliss to keep his license. This means the court has decided not to impose a punishment because the experience of going to court has been punishment enough.
Her family said the outcome was “heartbreaking” and have since launched a petition calling for legal reform. Ruth Jenkins, 56, Sophie’s mum, said the family was left to “pick up the pieces” and “deal with the heartache”.
She continued: “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 that have gone by. We want to change the law so people can’t get away with it.
“The Judge couldn’t give him a driving ban because he couldn’t be punished due to his law. It’s quite shocking that it hasn’t been updated ever since. He choose to race that car, the driver of the other car that was involved went to prison and he’s lost his license and he wasn’t even driving the car she was in.
“When we found out he was driving again and the court started again in 2024 we thought we could get something for her but as it went on and on there just seemed to be no hope. Every time we left the court it was a let down. Doesn’t matter what the outcome was, we will never get her back. We just feel like her life didn’t matter in the eyes of the law and Jay.”
Sister Chloe Brimble, 26, caterer, said: “If he wasn’t able to stand a trial due to brain injury he shouldn’t be capable to drive 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 – is disgusting.”
Sister Aimee Coombes, 32, hairdresser added: “We haven’t spoken out for nine years. “We stayed quiet, but we feel as a family that we need to speak out and people need to know about this.”
Sophie from Crickhowell, Wales, 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.
Reliving the moment they got a phone call from the police 9 years ago, mother Ruth said: “We had a phone call saying that Sophie had been in an accident and we were to be prepared to face the worst.
“I virtually knew then that obviously the worst had happened – she had gone. We just couldn’t believe it and you don’t expect that your daughter has died, you expect that she is still going to be around you don’t think that this has happened.
“It was 9 years ago now and you still doubt it in your head even though we had a funeral. It never goes away everyday we think about her, it might be a song on the radio than reminds you of her – you learn to live with it. Nobody has ever understand what we have been through unless they have been through it themselves.”
The Jenkins family described the outcome as devastating and have since launched a petition calling for legal reform. The law relating to unfitness to plead addresses what should happen when a defendant who faces prosecution is unable to engage with the process because of their mental or physical condition.
The law aims to balance the rights of the vulnerable defendant with the interests of those affected by an alleged offence and the need to protect the public. The petition calls 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.
It has so far reached nearly 1,500 signatures. If it reaches 10,000 signatures, the Government will be required to issue a formal response.
Ruth said: “We never knew this law existed until we had to face it ourselves and we just feel like nobody should have to go through this and I do believe there are other families out there that have been through this.”
Aimee added: “It is knowing that someone else isn’t gonna go through what we have been through and that some sort of justice would be made for somebody else.”
Chloe said: “It’s not going to bring us justice for Sophie because we’ve been dealt with but if it could be changed to another family so they don’t have to go through the heartache and the pain of it because we wouldn’t wish it to anyone.”
A Ministry of Justice spokesperson 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 said it could not comment on individual cases.
The UK Parliament Petition can be found here under the number 766919. Or in this link: https://petition.parliament.uk/petitions/766919?ref=ed_direct
