'He killed my sister in a crash and has got off scot-free'

The grieving family of a woman killed in a crash after a high-speed race through residential streets say they are angry that the driver is still allowed to be on the road.

Sophie Brimble, 20, died at the scene 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 to stand trial, but the investigation was reopened in 2024 after police found out he had successfully reapplied for his driving licence.

He was again declared unfit for criminal proceedings, leaving courts powerless to take his licence.

On Thursday, he was given an absolute discharge at Newport Crown Court.

This means the court has decided not to impose a punishment because the experience of going to court has been punishment enough.

Aimee Coombes, Sophie's sister, said the family had been left in disbelief, adding: "At the end of the day, Sophie was in Jay's car, and Jay is still driving around. It just does not make sense how he can get away with it."

Bayliss was charged with causing death by dangerous driving but, at the start of his trial in March, 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 at Newport Crown Court found Bayliss responsible for causing Sophie's death by dangerous driving.

But the limited options available to the judge at a sentencing hearing on Thursday, after a trial of facts, did not include a jail term nor a driving ban.

Judge Celia Hughes told Bayliss, now 32, the discharge was the only suitable option she had available.

Sophie's family believes the sentencing restrictions are both unfair and put other lives at risk.

"He is a danger. He drives like an absolute idiot," said Aimee Coombes, from Crickhowell, Powys.

"The amount of people that have contacted me to say they've seen him speeding, lying back in his seat, driving his done-up car."

She added the family had maintained a dignified silence for almost nine years, but the frustration of seeing him driving around their community had led them to speak out now.

"People need to know that he's on the road, and he's a risk to others. If he isn't capable to stand trial, how is he capable to drive a car?"

In 2019, a court was told the impromptu race that led to the crash was instigated by Bayliss' friend, Neil Brooks, who was found guilty of causing death by dangerous driving.

He was jailed for eight years and given a nine-year driving ban.

Gwent Police calculated that the two cars were travelling at speeds of more than 80mph on 30mph roads in the moments before Bayliss lost control.

The force has now submitted an application to the Driver and Vehicle Licensing Agency (DVLA) for Bayliss to have his driving licence revoked, echoed by a plea from Sophie's family to "take his licence off him".

Judge Hughes told the court she was concerned Bayliss' driving licence had been returned to him, and was pleased to learn the Crown Prosecution Service (CPS) was also in touch with the DVLA.

The DVLA said it could not comment on individual cases.

The Law Commission said the current rules for defining "unfitness" were formulated in 1836, adding they were now outdated and did not take modern medical understandings of capacity into account.

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."

"I think now it's going to hit home to us as a family, knowing that that's the end of it, and he gets to walk away, scot-free, and live his life as normal," Sophie's sister added.

"We as a family have got to live with what he has taken from us."