Cyclists who cause death by dangerous cycling could face life imprisonment, according to new legislation proposed by the Department for Transport this week.

As part of a series of amendments tabled on Thursday to the Crime and Policing Bill, 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.

If the legislation is approved by parliament, cyclists convicted of causing death or serious injury by ‘careless or inconsiderate cycling’ could also face up to five and two years in prison, respectively, the Telegraph reports.

The amendments, tabled by the Department for Transport (DfT) and the Home Office, and led by transport secretary Heidi Alexander, would update and replace the current legislation under which cyclists who kill or injure while riding recklessly can be prosecuted under the 1861 ‘wanton or furious driving’ law, which carries with it a maximum sentence of two years in prison.

Cyclists stopped at red light in London
Cyclists stopped at red light in London (Image Credit: Simon MacMichael)

The move comes after former Conservative leader Iain Duncan Smith spearheaded a campaign last year to introduce an amendment to the Criminal Justice Bill which would lead to tougher sentences for people who kill or injure while cycling dangerously, while also ensuring bikes would be required to be “equipped and maintained” to certain legal standards.

Announced in the wake of a coroner’s inquest into the death of 81-year-old Hilda Griffiths, who was fatally struck by Brian Fitzgerald in Regent’s Park in 2022, the cyclist facing no charges for his involvement in the crash, Duncan Smith said the proposed legislation would ensure people on bikes “face the same penalties as drivers and motorcyclists” responsible for the death of pedestrians.

Duncan Smith’s amendment looked almost certain to pass last summer, following a fast-tracked push through parliament, but was stopped in its tracks by Rishi Sunak’s decision to call a general election in July, meaning there was insufficient time for the legislation to pass.

> Iain Duncan Smith’s anti-cycling crusade is anti-reality

The former Conservative leader’s much-publicised push for a new ‘dangerous cycling’ law attracted criticism from cycling and active travel campaigners, such as road safety charity Brake, who described the attention and emphasis placed on cycling as “disproportionate”.

Meanwhile, Active Travel Commissioner Chris Boardman pointed out that more people are killed by lightning and cows each year than cyclists.

“This is such a tiny minority,” Boardman said last May. “More people are killed by lightning, or cows. And that same thing [cycling] is joyous. It’s good for society.

“And we put the focus on this minuscule, negative thing. Absolutely, everybody should obey the laws of the road. But is this really the best use of our time to be talking about this now?”

During the election campaign, however, Labour said it would support new laws “to protect people from dangerous cycling” if it formed a government.

> Cyclists “horrified” by Iain Duncan Smith’s Telegraph column suggesting “dangerous cyclists should be driven off our roads”, as Conservative MP accused of ignoring main road safety issues in latest call for stricter legislation

Nevertheless, after a prolonged period of silence on the matter, during a debate on Labour’s new Crime and Policing Bill last month, Duncan Smith renewed his campaign for tougher cycling laws, urging the government to include his proposals as part of its new legislation.

Sir Iain Duncan Smith
Sir Iain Duncan Smith (Image Credit: Parliamentary portrait)

“The main point I was making was we have had deaths on the street where cyclists cannot be prosecuted for having killed someone,” the Chingford and Woodford Green MP said, criticising those who “genuinely abuse the Road Traffic Act”.

“We are still using a piece of legislation from the mid-19th century, which was offensive and wild carriage driving, which is not acceptable but it hardly ever commits anybody and convicts them either.”

Duncan Smith’s wish appears to have been granted, with this week’s amendments to the bill reviving his attempts to impose tougher sentences, including potential life terms, on dangerous cyclists.

> Cyclists to face education course or fine for 10 new offences — including “dangerous” riding, cycling “without due care and attention” and riding without lights at night

However, a source within the Department for Transport has stressed that, despite the amendments, there is still a need for “proportionality”, especially taking into the consideration the 1,600 people killed or seriously injured by motorists every year.

“Dangerous cycling is completely unacceptable, and the safety of our roads is a key priority for this government,” a DfT spokesperson said.

“The government is proposing new offences and penalties for dangerous cycling, updating legislation that is over 160 years old, to ensure that the tiny minority who recklessly disregard others face the full force of the law.

“These are being brought forward as part of the Crime and Policing Bill, and will be debated in due course.”

> Does there really need to be a law for causing death or serious injury by dangerous, careless or inconsiderate cycling?

This week’s move has been welcomed by Matthew Briggs, a longstanding campaigner for a dangerous cycling law, whose wife Kim was hit and killed by a cyclist riding with no front brakes in London in 2016, with the cyclist Charlie Alliston later being jailed for 18 months after being found guilty of causing bodily harm by ‘wanton and furious riding’.

“After losing Kim in 2016, I began campaigning the following year to have these laws enacted. The use of the wanton and furious charge for so many cases has been inadequate and archaic,” Briggs told the Telegraph.

“I’m absolutely delighted that this Labour government has followed through with our calls for new legislation.

“This isn’t just a victory for me and my family, it’s also a victory for all the families who have worked tirelessly through their unbearable tragedies to have these laws changed.”

He continued: “I sincerely hope that, despite their initial opposition, the cycling lobby will now support this Bill.

“I recognise that any death on the road is a tragedy. But this campaign has been focused on correcting a gap in the law. I believe updated laws will serve as a deterrent and make our roads safer for everyone.

“I am grateful to the Secretary of State for Transport, Heidi Alexander, who has shown me not just recently but also as my constituency MP tremendous courtesy.”