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Some police forces treating close passes of cyclists as a "victimless crime"

Several forces treat cyclists reporting a close pass as witnesses, not victims

Several police forces are treating close passes of cyclists by motorists as a “victimless crime” according to Cycling UK. The charity says that in treating a cyclist submitting evidence as only a witness, these forces are implying that their report isn’t been taken seriously.

A cyclist who suffered two close passes by motorists during one ride recently contacted road.cc to highlight the contrasting responses received from two different police forces.

Specifically, they were informed by Hertfordshire Police that they wouldn’t hear anything back on resolution of the case due to the Data Protection Act.

The Victims Code of Conduct sets out the minimum services that must be provided to victims of crime by organisations including police forces. This includes the right to be kept informed about the progress of any investigation as well as the outcome.

A victim of crime is defined as someone who has suffered harm – including physical, mental or emotional harm or economic loss – which was directly caused by a criminal offence.

It seems that Hertfordshire Police consider that if you’re closely passed by a motorist while cycling, you aren’t a victim on the grounds that you’ve suffered no harm. They are instead treating the person who submits a complaint as merely a witness.

Duncan Dollimore, Head of Campaigns at Cycling UK said that this was not how most forces in the country operated.

“Victims of crime are entitled to information from police forces about the progress of investigations and outcomes under the Victims Code of Conduct,” he said.

“Most police forces accept reports by cyclists of careless or dangerous driving, often close passes captured on camera, as a complaint by a victim. They’re then providing information about the investigation in compliance with the Code.

“Unfortunately, Hertfordshire Police and some other forces seem to have concluded that close passing a cyclist is a victimless crime, and are treating the person making a report and submitting evidence merely as a witness, to whom the entitlements under the Code don’t apply.

“For the purposes of the Code, a victim of crime is defined as someone who has suffered harm, including physical, mental or emotional harm, which was directly caused by a criminal offence.

“Many cyclists reporting close passes and other incidents will have been shaken, distressed, and frightened by what’s happened, so the careless or dangerous driving isn’t victimless. It’s really disappointing that a few police forces are applying a narrow interpretation of the Code, to avoid providing information to people endangered by someone else’s driving.

“The refusal to do so implies that their report isn’t been taken seriously, because there’s no victim, so we’d implore Hertfordshire Police to follow the lead most police forces are taking, treating road crime as real crime and cyclists reporting close passes as victims.”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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37 comments

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Bungle_52 | 3 years ago
7 likes

How about making cycling for a week a compulsory part of police training. Lets see if they still think its a victimless crime.

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srchar | 3 years ago
5 likes

That's like treating the target of an attempted murder as a bystander. It's ridiculous.

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Hirsute | 3 years ago
6 likes

I was on the end of a punishment pass earlier this evening. What was worse was it was also an undertake. At the next set of traffic lights thirty metres forward, we were level. Maybe this submission will be successful.

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eburtthebike replied to Hirsute | 3 years ago
2 likes

hirsute wrote:

I was on the end of a punishment pass earlier this evening. What was worse was it was also an undertake. At the next set of traffic lights thirty metres forward, we were level. Maybe this submission will be successful.

I've suffered a few undertakes; even more frightening than overtakes.  Hope you're ok.

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Hirsute replied to eburtthebike | 3 years ago
5 likes

It was the sheer pointlessness of the manouvre that annoyed me. On approaching the first traffic lights, the road expands to the left and you have L1 for left and L2 for straight and right. I kept my position to continue into L2 to go ahead.
Obviously, I was in their way and holding them up.
That mgif for the 30m was very important to them!

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srchar replied to Hirsute | 3 years ago
0 likes

Those types will never change, unfortunately. Bikes are slower than cars, so they should get out of their way.

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Accessibility f... | 3 years ago
8 likes

Add Cheshire Police to the list.  I have very recently begun a complaint against them because they will not tell me the outcome of an extremely dangerous close pass I reported, with video evidence.

I am not a witness - I am a victim.  I have a right to know what they did.

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sydneyroad replied to Accessibility for all | 3 years ago
0 likes

we are talking to the cheshire police commissioner about this close passing this morning. ill let you know the result

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mg129523 | 3 years ago
5 likes

You would be a victim if “A person . . . uses threatening . . . behaviour . . . within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby“ [see Public Order Act 1986, section 5]. – although apparently using a motor vehicle to threaten and distress vulnerable cyclists with is a victimless offence.

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wtjs | 3 years ago
4 likes

You lot don't know you're born! Try North Lancashire where the police really hate cyclists, and won't take any action unless you're splattered all over the tarmac- if you are splattered over the tarmac they would just say 'no witnesses- the driver said "the cyclist hurled himself in front of me, I didn't stand a chance" '

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srchar replied to wtjs | 3 years ago
2 likes

There's not even oncoming traffic to provide a poor excuse for that!

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wtjs replied to srchar | 3 years ago
0 likes

srchar wrote:

There's not even oncoming traffic to provide a poor excuse for that!

Yes, there was!- you can just see it on the shot. 2 vehicles passed me in succession on the crest of this hump-backed bridge over the canal. It didn't occur to them to not overtake on a blind bridge- they just see the oncoming traffic when they reach the blind crest and squeeze the silly cyclist! I think these 2 drivers were among the very few to receive 'words of advice' from the police, but it won't make any difference because they know that LC isn't bothered enough to check back if they're caught doing it again to someone other than me. 

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ktache replied to wtjs | 3 years ago
0 likes

On my commute there is a humpback bridge over a railway that also includes a blind bend, not on a particularly slow road either.

Even riding primary doesn'y stop the most incompetent of them.

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spen | 3 years ago
2 likes

Isn't the term victimless crime oxymoronic?

A close pass that turns into a hit and run is a hit and run, nothing else

It's depressing how quickly someone with a different outlook or experience is condemned as a troll, almost starts to take on an air similar to racism (and duck for cover)

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hawkinspeter replied to spen | 3 years ago
6 likes
spen wrote:

It's depressing how quickly someone with a different outlook or experience is condemned as a troll, almost starts to take on an air similar to racism (and duck for cover)

I don't think it's just the different outlook or experience that receives condemnation - it's the belittling and dismissing of other people's experience. It bugs people when someone has a blinkered view of a complex issue and reduces all the discussion down to a "my solution works for me, so if it doesn't work for you, you're doing it wrong".

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Sriracha replied to spen | 3 years ago
1 like

If the only permitted victim is a specific person, as opposed to, say, the community, then you can have the idea of a victimless crime. Breaking the speed limit on an empty motorway, drinking alcohol during prohibition, carrying a Swiss Army penknife with a 3 inch blade in your pocket. So for close passes to be classed as a victimless crime implies that it is merely a code violation, the only injury was to the letter of the law.

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David9694 | 3 years ago
5 likes

Re the headline - also wildlife update, naturists claim bears "crap in woods".

socrati - are you a troll? I think cyclists turn the other cheek an awful lot and for scant reward - the assailants will keep on coming.
I always say we shouldn't knock the police on here - we've had since the last crash (remember that?) 12 years of austerity, swingeing cuts to police and courts - really un-Conservative policies pursued by a Conservative government. My sense is that what we're left with is pretty threadbare and stretched. The tweet from Surrey police is a good example of their approach, which is based around the laws of the land.
The car actively kills-off All other forms of transport - I think many people in this country are longing to cycle, but are off-put by among many other things close passes and other abuse/ violence from drivers. Roads that are "too dangerous" for kids to walk to school, dog owners to take Fido out from the house - just two examples forced to join in with this madness. If 100 years ago we could have seen what we were heading for, would we choose or accept it? And that's before you get all the motorist angst in letters to the editor, etc wanting to take away the little bits of road space cyclists (horses, peds) want to use. There are plenty of roads and times that I avoid cycling - not everyone has as much choice. 
Your approach works for you - long may it (safely) continue. I'm not drawn to it, we have to keep pressing for change and keep pushing back on the brain-washed attitude that ever more cars is the answer to travel needs. But then I'm not drawn to the approach of installed front and rear camera - checking batteries, checking aim, extracting editing and uploading to Police websites approach either. Again, I accept that I am fortunate, in where and when I cycle compared to some. 

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ex_terra | 3 years ago
8 likes

We should all remember this explanation from the police next time there is an attempted stabbing I.e. unless the person was actually stabbed there is no victim and ergo no crime.

It's patently clear that many of the police forces are led by prize winning wallies and many of the individual officers seemingly lack any common sense.
 

This must be very frustrating to the many committed and capable officers who joined to serve their communities and fight crime.

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AlsoSomniloquism | 3 years ago
4 likes

West Midlands Police are another. Submissions could be tossed for all I know as their policy is to only tell you if you are needed in court. You do not even know if there is a NIP or anything. And that included when I got knocked off my bike by a hit and run driver and I had to chase that one up to find out the outcome which they said was 6 point and fine for careless driving. At least with that one I did fill in an official report at a Police Station after the hospital checkup showed bruised or maybe cracked ribs so I had a crime number to use.

 

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the little onion | 3 years ago
6 likes

I've had very variable experiences, even within the same force.

 

The best explanation I've heard, which was from an actually copper, was that the officers who view the footage are generally not dedicated traffic or cycle officers. Instead, it's a job that tends to be given to temporarily assigned to officers who need to be employed, but for whatever reason can't be deployed elsewhere. A typical situation is that it is given to a beat bobby who is injured, so can't go out on regular duties. They aren't given any training or refresher on road law, and they may only be given the task for a matter of days, so limiting opportunity to build up experience

 

Until we have a situation where footage is analysed by dedicated road safety coppers, I think we can't expect to make big stride in this area.

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mg129523 | 3 years ago
3 likes

The usual Herts Police  "Unfortunately due to the data protection Act 2018 we are unable to disclose the outcome of the case with you" is a lazy interpretation of the DPA that doesn't hold water, even within that Force. I have discovered that with 'normal' crime reports the outcomes are recorded in the downloadable National Crime Statistics, so, unless you are in a hot-spot for a given offence, anyone can generally work out the outcome for any specific crime report. The DPA excuse is just supressing feedback for one class of offence.

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Durin90 | 3 years ago
5 likes

10 reports to Hertfordshire police last month. Obviously same response every time - can't tell me the outcome because of data protection act.
I wonder if they'd reply under FOI request. Probably not.

Essex is the same.

This article made me more aware that my reports are worth absolute crap.  2
Think it's time to start posting my reports on YouTube.

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eburtthebike replied to Durin90 | 3 years ago
4 likes

Durin90 wrote:

10 reports to Hertfordshire police last month. Obviously same response every time - can't tell me the outcome because of data protection act. I wonder if they'd reply under FOI request. Probably not. Essex is the same. This article made me more aware that my reports are worth absolute crap.  2 Think it's time to start posting my reports on YouTube.

Have you tried making a complaint that you are being treated as a witness not a victim?  Or contacted the Police and Crime Commissioner?

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Durin90 replied to eburtthebike | 3 years ago
4 likes

I have not complained because I felt it won't make any difference. Thinking of it now I will send a complaint.

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eburtthebike replied to Durin90 | 3 years ago
4 likes

Durin90 wrote:

I have not complained because I felt it won't make any difference. Thinking of it now I will send a complaint.

Good for you.  Please let us know how it goes.

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mg129523 replied to Durin90 | 3 years ago
2 likes

You should join in complaining to the Herts PCC, Mr David Lloyd; he has got part of the message that there is something not rightsmiley.

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randonneur replied to Durin90 | 3 years ago
3 likes

When I heard that the Police took the pass seriously and prosecuted from another cyclist then I bought a camera.
Now with two cameras I'm a regular uploader with regular outcomes.
Together with the support of the North Wales Police the streets are being cleared of the dangerous/careless drivers around cyclists.
It's a very effective tool to clear the bad drivers off our roads.
The motorist who doesn't care about other road users gets 3 points and a fine or training course.
That the close pass can be anywhere and get reported is helpful.
The Police have been marvellous in the respect of their part in keeping our roads safer. They inform by default if they ask for me to keep footage then it's a NoP.
We try to get as many incidents as possible to keep the scheme going and keep everyone safer.

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nniff | 3 years ago
6 likes

My experience with the Met and Surrey is that if they issue a NIP and get a not guilty plea, then you'll be asked if you would attend court, and then you're kept up to date.  If they plead guilty, you don't hear any more.  My policy is to wait for over 6 months and then present the evidence to the Court of road.cc.  The road.cc jury is usually comprised of sane, right-thinking individuals and a few who like to chew chair-legs and bang their heads on cupboard doors when they're not at a keyboard

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lukei1 replied to nniff | 3 years ago
0 likes

The Met will tell you the outcome, jsut email the address that sent you confirmation of the NIP about 6 months after reporting and they will let you know what has happened

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eburtthebike replied to nniff | 3 years ago
5 likes

nniff wrote:

The road.cc jury is usually comprised of sane, right-thinking individuals and a few who like to chew chair-legs and bang their heads on cupboard doors when they're not at a keyboard

Some chair legs are quite spicey.

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