Dangerous cyclists are a lawless menace
Parliament must act, or I fear the growing number of electric bikes will only see more pedestrians killed
On Monday morning, I was listening to the BBC programme, and happened to hear the interview with Matthew Briggs, who told the sad story of his wife Kim. A cyclist had crashed into her, knocking her to the ground. She suffered a severe head injury and later died.
Mr Briggs’s attempt to get the cyclist prosecuted was, as he said on the radio, an astonishing and appalling tale. His explanation of the torturous legal process that ensued, which involved relying on a Victorian law based on “wanton and furious driving” – originally meant to apply to horse riders – was compelling. One barrister likened it to trying to put a “round peg in a square hole”.
At the heart of the issue is that the current law does not allow for a range of offences or penalties to tackle the problem of death caused by dangerous cycling. The gap between manslaughter and the historic offence of wanton and furious driving is too wide.
As far back as the 1950s, it was recognised that juries are slow to convict in “motor manslaughter” cases, which led to major changes in the law for drivers. The case for a change in the law concerning cyclists is now urgent.
One of the problems is that, under the complex current 1861 law, even if someone on a bike has killed a pedestrian, they can only be jailed for a maximum of two years. This creates a clear discrepancy between different forms of dangerous behaviour on the roads, and many will agree that the punishment does not always fit the severity of the crime or achieve justice for the victims’ families.
There have been calls for legislative change for some time. In one case concerning dangerous cycling heard at the Court of Appeal, Mr Justice Mitting pointed out that “If the vehicle ridden by [the suspect] had been motorised he would have had no defence to a charge of causing death by dangerous driving, an offence which carries a maximum sentence of 14 years’ imprisonment.”
I spoke to Mr Briggs at length after the interview. He explained that ministers and civil servants were sympathetic to his plight, and they did finally undertake an independent inquiry. This came down firmly in favour of significant legislative change, but following that there has been nothing.
And Mr Briggs’s case is far from isolated. In July 2020, Peter Mccombie, 72, was killed by cyclist Ermir Loka, 23, who had jumped a red light. In June 2021, Stewart Mcginn, 29, was jailed for a year after he sped on his bike around a corner in Monmouth, South Wales, hitting Jane Stone, 79, who died four days later.
In 2016, Diana Walker, 76, died after a cyclist hit her in Pewsey, Wiltshire and the cyclist was not prosecuted. In June 2020, Ian Gunn, 56, died in south Manchester, yet the cyclist was cleared of wanton and furious driving.
I wonder how many more pedestrians need to die before the laws are updated to prosecute dangerous cycling.
So, clearly the problem exists and it appears to be getting worse. The number of pedestrians hit by cyclists has increased by a third since 2020. In 2022, the most recent year for which figures are available, there were 462 collisions between cyclists and pedestrians that were recorded by police.
One of the factors that particularly concerns me is the growing number of electric bikes on the roads. Yesterday, outside a school with young pupils milling around, a cyclist on an electric bike sped past the children, dangerously fast, which emphasised the fact that there are reports that some bikes are adapted so that they can go faster than the legal speed limits for those vehicles.
So when Mr Briggs explained to me that he was getting nowhere, I decided to see whether or not I could help in bringing this issue to the fore. I know that Mr Briggs is also not alone and has been campaigning alongside other families who have also lost loved ones, and who are desperate to see change.
It is for that reason that I decided to see if we could end this peculiar mess. I and other colleagues have laid an amendment to the Criminal Justice Bill, to create an offence of causing death or serious injury by dangerous, careless or inconsiderate cycling.
The principle is simple. As MPS, we must do what we can to break through the bureaucratic inertia and ensure that law-abiding people get the justice they deserve.