Causing death or serious injury by dangerous or careless cycling is set to become an offence, after the government agreed to a change in the law on Wednesday evening. The change has been said to have been long overdue, and offenders should face the same penalties as motorists who cause death or serious injury by dangerous/careless driving . If convicted, dangerous cyclists could face up to 14 years in prison. The new law will also apply to incidents involving pedal cycles, e-bikes, e-scooters and e-unicycles.
The amendment, under the Criminal Justice Bill, will see three new offences introduced:
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Causing death by dangerous cycling
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Causing serious injury by dangerous cycling
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Causing death by careless/inconsiderate cycling.
What classifies as dangerous cycling?
According to the Road Traffic act 1988:
(2) A person is to be regarded as riding dangerously if (and only if)—
(a) the way he rides falls far below what would be expected of a competent and careful cyclist, and
(b) It would be obvious to a competent and careful cyclist that riding in that way would be dangerous.
(3) In subsection (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of that subsection what would be obvious to a competent and careful cyclist in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
Dangerous cycling could be classed as any one of the following (list is not exhaustive):
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Cycling under the influence of drink or drugs
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Obviously highly dangerous manouevre
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Racing on a public footway
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Breaks not working properly
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Riding recklessly for a prolonged and persistent amount of time
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Riding whilst distracted for a considerable amount of time (i.e mobile phone)
With reference to the above, during the speech in Parliament, former minister Sir Iain Duncan smith brought up the case of Matthew Briggs. In February 2016, Matthew's wife Kim was killed by a cyclist who collided with her. The bicycle had no front brakes and Kim suffered catastrophic head injuries, dying in hospital a week later. The cyclist who committed the offence was jailed for 18 months after he was found guilty at the Old Bailey of 'wanton or furious driving' but was cleared of manslaughter.
What would be the defences for death by dangerous cycling?
Some of the defences may include:
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My riding was not dangerous - You are entitled to challenge the prosecution's account of what happened. Perhaps the prosecution have misunderstood the definition of dangerousness, or they're relying on unfair evidence. The manner of riding may look dangerous on a dash camera, or to a witness, but was not in real life. It is very difficult to appreciate distance and speed on camera.
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A third party caused an accident but left the scene - Third parties often cause accidents and leave the scene. If you suspect that another vehicle caused the accident, it's important that you notify the police immediately.
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I was not the rider - It is for the prosecution to prove beyond doubt that you were the person who committed the offence. The CPS might have a witness to the incident, but this isn't as damaging as you might think. Generally speaking, witnesses don't want to get involved in criminal cases. It's easy enough writing a witness statement, but attending court 12 months later to give evidence in person is a scary prospect. Most civilian witnesses will lose contact with the CPS overtime.
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I was riding in an emergency - This argument can, in certain circumstances, amount to a defence. Failing that, you can use it as a 'special reason' to avoid a driving ban.
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