At Slater Heelis, we are dedicated to keeping our clients informed and up to date with the latest legal developments that impact their lives and safety. Today, we want to discuss a significant change that has recently been announced by the government – the introduction of new laws targeted at addressing dangerous cycling behaviours.
What is The New Law?
On May 15, 2024, the government disclosed plans to introduce legislation punishing cyclists who cause death or serious injury through dangerous or careless cycling. This change is meant to ensure that cyclists face the same consequences as drivers and motorcyclists in similar situations.
The proposed offences are likely to be formally described as “Causing death by dangerous, careless or inconsiderate cycling, and causing serious injury by careless or inconsiderate cycling”. This is a crucial development in our legal framework, reflecting a shift towards greater accountability and safety on our roads.
Why the Change?
The decision to bring forth this new legislation did not come lightly. It has been under consideration for some time, moved by tragic incidents that highlighted gaps in the current legislation.
For example, the tragic death of Kim Briggs in 2016, who was fatally injured following a collision with a bicycle that lacked a front brake in East London. Under existing laws, the cyclist involved was prosecuted under the Offences Against the Person Act 1861 for “wanton and furious driving”, an outdated statute that inadequately addressed the specifics of cycling-related incidents.
The Need for Modernisation
Under current legislation, cyclists can commit an offence of dangerous cycling or careless and inconsiderate cycling, but the legislation is limited if they cause serious injury or death to another person. In the case of Kim Briggs, the cyclist was convicted under the Offences Against the Person Act 1861 for “wanton and furious driving.”
The case of Kim Briggs demonstrated the limitations of our current legislation in dealing with cycling-related offences, sparking a nationwide debate on the need for laws that specifically address the consequences of careless or dangerous cycling. Recognising this gap, the government is now taking steps to modernise the law, ensuring that cyclists are as accountable as those behind the wheels of motor vehicles.
Implications for Cyclists and the General Public
This new legislation requires cyclists to exercise greater care while navigating traffic. It emphasises cyclists’ responsibility towards other road users, just like the legal expectations for motor vehicle drivers.
For the general public, this change aims to enhance safety and ensure that victims of cycling-related incidents receive justice comparable to those involved in motor vehicle accidents. It sends a clear message about the seriousness with which such cycling offences are treated.
How will these new cycling laws be enforced?
Reflecting the severity of the offences, the penalties proposed mirror those in place for motor vehicle-related offences.
For causing death by dangerous cycling, the maximum penalty could be as severe as life imprisonment, bringing it in line with the most severe penalties for dangerous driving. The current penalty for drivers convicted of causing death by dangerous driving is a maximum of life imprisonment (if the offence was committed on or after 28 June 2022) or 14 years imprisonment (if the offence was committed before 28 June 2022).
The maximum sentence for the either-way offence of causing serious injury by dangerous driving is 5 years imprisonment. For the offence of causing serious injury by careless cycling, a similar sentence of up to five years imprisonment would likely apply.
Our Role as Your Legal Partner
At Slater Heelis, we understand that navigating the legal landscape can be daunting. We are here to help our clients understand how these changes may affect them, whether they are cyclists or other road users. Our team is committed to providing clear, professional, and compassionate guidance to ensure that our clients can adapt to these changes confidently and securely.
Conclusion
This legislative update reflects a shift towards greater accountability and safety on our roads. At Slater Heelis, we are dedicated to keeping our clients up to date with all relevant developments in the legal field and providing reliable legal advice. We encourage all cyclists and road users to familiarise themselves with these new rules as we continue to support and guide our clients through these changes.
If you’ve been involved in an accident and need to speak to a criminal defence solicitor, you can contact our team using our online contact form, or by calling us on 0330 111 3131.