A new ‘dangerous cycling’ law, which will bring punishments for cyclists who kill or injure by dangerous or careless riding in line with those for drivers, is set to come into force, after the government’s Crime and Policing Bill was given royal assent this week.

According to the Crime and Policing Act, which Labour branded “one of the biggest legislative updates to policing for decades”, cyclists who kill pedestrians by riding dangerously could be sentenced to life in prison, while cyclists who cause serious injury by dangerous cycling could face a maximum five-year term in jail.

Transport secretary Heidi Alexander says the updated law, granted royal assent on Wednesday, means “the tiny minority of cyclists who recklessly disregard others face the full force of the law”.

The move, which was expected for some time, has been hailed as a “victory” by campaigners such as former Conservative leader Sir Iain Duncan Smith and Matthew Briggs, whose wife Kim was hit and killed by a cyclist in London in 2016.

The following year, Charlie Alliston, who was riding a bicycle with no front brake at the time of the fatal collision, was jailed in 2017 for 18 months under the 1861 offence of causing bodily harm through wanton or furious driving (which carried a maximum sentence of two years).

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The previous Conservative government had originally been set to introduce ‘dangerous cycling’ legislation in 2024, with Duncan Smith spearheading that renewed campaign following the death of pedestrian Hilda Griffiths, an 81-year-old woman who died in hospital two months after a collision with a cyclist riding laps of Regent’s Park in London as part of a group ride travelling at speeds between 25-29mph at the time of the crash.

The cyclist involved, Brian Fitzgerald, had no charges brought against him after the Metropolitan Police said there was “insufficient evidence for a real prospect of conviction”.

The inquest received widespread media attention and Duncan Smith urged his government to introduce stricter laws for cyclists, legislation which looked set to be passed when that year’s snap election was called, putting the plans on hold.

However, Labour pledged to follow through with the proposals when elected, and introduced the stricter laws as part of amendments tabled last year to the Crime and Policing Bill.

Cyclists at traffic lights, London © Simon MacMichael
Cyclists at traffic lights, London (Image Credit: Simon MacMichael)

Now passed into law, the act adds “appropriate offences” to the Road Traffic Act 1988, with the corresponding maximum penalties being set out in the Road Traffic Offenders Act 1988. It applies to England, Wales, and Scotland.

The four offences and their maximum penalties that are being introduced are:

  • Causing death by dangerous cycling: On conviction on indictment, up to life imprisonment.
  • Causing serious injury by dangerous cycling: On conviction on indictment, five years’ imprisonment, a fine, or both. On summary conviction, the general limit in a magistrates’ court (currently 12 months) (in England and Wales), or 12 months (in Scotland); or the statutory maximum fine, or both.
  • Causing death by careless or inconsiderate cycling: On conviction on indictment, five years’ imprisonment, a fine, or both. On summary conviction, the general limit in a magistrates’ court (currently 12 months) (in England and Wales), or the maximum term of imprisonment on summary conviction (currently 12 months) (in Scotland); or the statutory maximum fine, or both.
  • Causing serious injury by careless or inconsiderate cycling: On conviction on indictment, two years’ imprisonment, a fine, or both. On summary conviction, the general limit in a magistrates’ court (currently 12 months) (in England and Wales), or the maximum term of imprisonment on summary conviction (currently 12 months) (in Scotland); or the statutory maximum fine or both.

Of course, while these are maximum sentences listed, in reality the sentences currently handed out to motorists for the corresponding driving offences are often far shorter.

Last week, for example, we reported that a motorist who fatally struck a 64-year-old female cyclist, because he was apparently distracted by a set of temporary traffic lights, was recently sentenced to a two-year community order, banned from driving for a year, and ordered to undertake 300 hours’ unpaid work, after admitting causing death by careless driving.

Following the sentencing, Jane Blackwell’s family said they were “disappointed by the day’s outcomes”, while noting that “no sentence can truly reflect the depth of our loss”.

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Announcing the government’s intention to introduce stricter laws for cyclists who kill or injure last September, the Home Office said that the maximum penalties previously on offer “are not adequate for those incidents that result in serious or fatal injury”.

The department’s own statistics highlight that over the last 10 years, an average of three pedestrians have been killed per year by cyclists. In the same time period, an average of 283 pedestrians were killed per year in collisions involving drivers of cars.

London cyclists (Ayad Hendy via Unsplash)
London cyclists (Image Credit: Ayad Hendy via Unsplash)

The passage of the bill into law has been welcomed by campaigners such as Briggs, one of the leading voices calling for change in the last decade.

“I am absolutely delighted. Since losing Kim 10 years ago, I have campaigned persistently to have this gap in road legislation closed and can’t quite believe we have finally got there,” he told the Telegraph.

“This is a victory for the many families that have suffered bereavements and endured a judicial process reliant on archaic laws as the only way to prosecute cyclists; laws which carried minimal tariffs and were complex to prosecute.

“I am so grateful to all these families who joined me in this campaign and to the Labour government for finally passing this into law.”

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Former Tory leader Duncan Smith also told the newspaper: “At long last we have a law for dangerous cyclists and e-bikes.

“Those who cycle or ride e-bikes recklessly causing fatal accidents to pedestrians or road users can now feel the full force of the law. Matt Briggs and others who have campaigned for justice should be congratulated for their perseverance.”

In a statement, transport secretary Heidi Alexander said: “Laws that date back to the Victorian era simply weren’t designed for today’s roads.

“These changes will mean the tiny minority of cyclists who recklessly disregard others face the full force of the law.

“We promised to update these laws, and this bill will deliver bringing offenders to justice and making streets safer for pedestrians.”