[Secret_squirrel]

Another way to avoid justice for assaults on cyclists?

Reference this story 

https://road.cc/content/news/driver-rams-cyclist-and-crushes-bike-during-dispute-297379

Backgrounder here :

https://www.bindmans.com/knowledge-hub/blogs/what-are-community-resolutions/

Key Points.

1.  CR’s do not create a criminal record. (not recorded on the PNC, possibly on a local Met system)

2.  They are NOT legally binding.

So this crazed toerage can demolish someones bike, agree to a CR then backout pretty much consequence free.

I hope the victim gets a gold plated replacement from the drivers insurance company.

I also hope the Met explained all this to the victim so they had full possesion of the facts prior to agreeing to the CR.

Topic

[wtjs]

one wonders how well CR’s are

one wonders how well CR’s are tracked

My guess is not at all. The police already do their best to ‘not notice’ any previous history of any offences against cyclists

[ShutTheFrontDawes]

Secret_squirrel wrote:

Secret_squirrel wrote:

Not sure what you expect to happen.

I don’t know to be honest. I suppose I just assume that the police have a legal responsibility, something akin to a duty of care.

[Secret_squirrel]

ShutTheFrontDawes wrote:

ShutTheFrontDawes wrote:

Is there anything we can do about this? I feel aggrieved that I share the road with someone who is demonstrably this unsafe behind the wheel. Police services must have a legal responsibility to act, surely?

Not sure what you expect to happen.  The justice system has spoken on this particular matter.  In the interests of balance the report is clear that the driver had no previous – though one wonders how well CR’s are tracked

On the plus side his Reg is all over twitter and probably on YouTube as well, another on camera event wouldnt be so lenient (I hope).

[David9694]

Lycra nov wos problay widijng

Lycra nov wos problay widijng up the fêlla so hE sdsesrves whaTs comung to him liKe Tfat  mikewy wandnka  lososer 

[ShutTheFrontDawes]

Is there anything we can do
Is there anything we can do about this? I feel aggrieved that I share the road with someone who is demonstrably this unsafe behind the wheel. Police services must have a legal responsibility to act, surely?

[Dnnnnnn]

Rendel Harris wrote:

Rendel Harris wrote:

with the backlog in the courts it will take months or maybe even years before it came to trial

Assuming – with the backlog in the courts – the CPS didn’t decide it wasn’t in the public interest to take it to court at all. Case closed.

[chrisonabike]

Well, my friend told me that

Well, my friend told me that she knows it’s happened to someone she knows doesn’t make stuff up – and anyway there’s videos of this happening all over InstaAppFace!

[David9694]

I saw a cyclist jump a red

I saw a cyclist jump a red light in 2017 so I’m against cycling. 

[David9694]

IanMSpencer wrote:

IanMSpencer wrote:

My observation is that we don’t know what led up to the incident, so it might be that the cyclist was being a bell end and this influenced the police. However, I reserve the right to be a bit of a dick about something and not be run over, and that cyclist was so nearly under the wheels of that car. Also, were they influenced by the CyclingMickey case where the courts caved in to the deliberate pushing of CM with a car? Definitely in the public interest to prosecute.

That’s a Big Ben level of bell-end if permission to be hit by 2 tonnes of car driven by a madman is deemed to be fair recompense.  

Range Rover / Insulate Britain woman was prosecuted in the end, this individual should be, or it’s a massively worrying precedent for all VRUs.  

[chrisonabike]

“But cyclists also run things

“But cyclists also run things over!  I saw cyclist run over a seal once!  OK they didn’t run the seal over but they could have, they were really close.  Anyway most cyclists don’t read the Marine Code, follow the Colregs, I’ve seen them jumping red navigation lights and they shouldn’t even be on the sea!”

[IanMSpencer]

If I was the cyclist, I would

If I was the cyclist, I would certainly be forwarding the video of the destruction of the bike to the insurers as part of the discussion. I would hope that any reasonable insurer would immediately cancel their insurance, which could then work out to be very expensive for the driver seeking replacement – unless they lie about “have you ever had your insurance cancelled?” question.

[brooksby]

Does a CR have to be declared

Does a CR have to be declared on their insurance, or on a ‘safety around children’ check, or even in the police force’s crime stats?

[IanMSpencer]

Without knowing what advice
Without knowing what advice the jury were given by the judge, it might be inappropriate to suggest that the jury was at fault if they made the decision based on tests they were given by the judge – though I would have hoped a neutral jury would have come to their own conclusions based on the whole evidence, regardless of judge’s guidance.

[Rendel Harris]

Good points, your last

Good points, your last sentence I think is particularly pertinent; I would be very interested to hear from the victim as to how things were explained to him by the police. The police are (and I don’t entirely blame them for this, given the enormous cutbacks they have suffered over the last 10 years or so) generally extremely keen to cut down on the amount of prosecutions and associated paperwork wherever possible. I can imagine a scenario whereby they would explain to the cyclist yes, we could arrest him, with the backlog in the courts it will take months or maybe even years before it came to trial, insurance companies won’t pay out until cases have been settled and guilt proven, if you accept community resolution you’ll get the money for a new bike straight away and you won’t have to go through all the stress of going to court…

[brooksby]

IanMSpencer wrote:

IanMSpencer wrote:

However, I reserve the right to be a bit of a dick about something and not be run over, and that cyclist was so nearly under the wheels of that car.

Don’t they say a similar thing about road infrastructure – particularly pertinent to the recent Ashley Neal critique of the Panorama programme – that making a mistake on the road shouldn’t be a death sentence.

[Author]

Replies