Procescuting dangerous cyclists

WITH regard to reckless and dangerous cycling, or any other type of vehicle for that matter, there are still some offences on the Statute Books which fit the bill for prosecutions to be made, even if they seem old, writes David King.

Some seem to refer only to horses and carts but the Acts were before the invention of bicycles, although case law has been made over the years to include bicycles. The police may be reluctant as most will never have heard of them but you should stand your ground if you want to make a complaint.

Stand your ground

Before they will consider a prosecution, you will need corroborated evidence. For example, if you are an eye witness, you will need another form of evidence to the event, either photographic/video evidence or another eye witness, not connected to you or standing with you at the time. This is not the law but what the Crown Prosecution Service in most Force areas requires, and will not accept anything else. Again, if you feel very strongly, stand your ground and insist and be prepared to complain if you don't get anywhere at first. In the event of the second offence, the facts and the injury should be sufficient.

Section 72 Highways Act 1835

Penalty on persons committing nuisances by riding on footpaths,

If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon; every person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding level 2 on the standard scale, over and above the damages occasioned.

(This has been used for speeding cyclists as there is no separate offence for them but does include footpaths.)

http://www.legislation.gov.uk/ukpga/Will4/5-6/50/section/72

S35 of the Offences Against the Person Act 1861 (as amended by the Criminal Justice Act 1948 (c. 58), s. 1(2)) is as follows:

Drivers of carriages injuring persons by furious driving. Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.