Plod prefer awareness course to prosecution

[roubaixtuesday]

After being hit then have the motorist fail to exchange details and drive off.

https://www.cyclechat.net/threads/tales-from-todays-commute.105055/page-2233#post-7109596

Plod have decided to send on an awareness course.

...he has stated that it was in fact him driving and does recall the incident. The driver has further stated that he felt unsafe at the scene therefore deciding to leave and then did not report the incident to the police due to being a new driver and not knowing that was the process.

As the driver does not have any previous driving offences, my sergeant and I feel it is more appropriate to propose a driver awareness course which he will need to pay for and provide evidence of his attendance to us before we close the incident down. We feel it is also not proportionate to put you and him through the court procedure for an incident of this nature.
I'm not impressed but will leave it at that.

I don't agree that not proceeding with this is proportionate, given that the driver simply drove straight into me, with no excuse whatsoever, then left the scene. I also don't agree that ignorance of the law should be taken as mitigating circumstance re not reporting.

However, I've no wish to waste yours or anyone else's time by taking this any further, and this is certainly a better outcome than no action being taken, from my perspective.

 

[MontyVeda]

i could be wrong but are they going for the cheapest option rather than the most effective?

 

[Brandane]

After being hit then have the motorist fail to exchange details and drive off.

https://www.cyclechat.net/threads/tales-from-todays-commute.105055/page-2233#post-7109596

Plod have decided to send on an awareness course.

...he has stated that it was in fact him driving and does recall the incident. The driver has further stated that he felt unsafe at the scene therefore deciding to leave and then did not report the incident to the police due to being a new driver and not knowing that was the process.

As the driver does not have any previous driving offences, my sergeant and I feel it is more appropriate to propose a driver awareness course which he will need to pay for and provide evidence of his attendance to us before we close the incident down. We feel it is also not proportionate to put you and him through the court procedure for an incident of this nature.
I'm not impressed but will leave it at that.

I don't agree that not proceeding with this is proportionate, given that the driver simply drove straight into me, with no excuse whatsoever, then left the scene. I also don't agree that ignorance of the law should be taken as mitigating circumstance re not reporting.

However, I've no wish to waste yours or anyone else's time by taking this any further, and this is certainly a better outcome than no action being taken, from my perspective.

WTAF?? This is alarming, from the perspective of a retired PC... However my service was in Scotland, where we have a different legal system (and different laws, although most Road Traffic stuff is the same).

In basic training, one of the first things you learn is that "ignorance of the law is not a defence".

In our system, the decision on whether or not to prosecute is not one for the Police to make. All cases (where there is sufficient evidence to charge a person) are reported to the Procurator Fiscal, who then decides on whether to prosecute or not. I thought the CPS in England performed a similar role?

As for the "driver has no previous driving offences" angle; how will he ever get any driving offences on his licence if he keeps getting off the hook?

Alarming; but in no way surprising.

 

[Cycleops]

Your response was reasonable and there was little else you could do.
I think we all know what we think of the pathetic excuse given by the driver. Absolute barsteward, he knew what was required of him.
Just hope you got properly compensated.

 

[Ming the Merciless]

They felt unsafe? They are the one doing the hitting with a heavy vehicle! They already admitted leaving the scene of an accident, which is an offence in iteself. Personally I’d want them charged, with a crime they’ve already admitted.

 

[roubaixtuesday]

Your response was reasonable and there was little else you could do.
I think we all know what we think of the pathetic excuse given by the driver. Absolute barsteward, he knew what was required of him.
Just hope you got properly compensated.

No injury beyond a minor bruise and no damage save for a slight twist to bars, so nothing to claim, thankfully

 

[steveindenmark]

I think the police are trying to keep the courts as empty as possible due to the backlog of cases. You have a personal interest in this and I can understand your feelings. Personally, I think the choice they made was appropriate.

 

[Drago]

So he knew he already knew he was acting unlawfully. That being the case how would a course make him any more aware or this?

Build a load more magistrates courts solely for dealing with traffic offending, and use the money raised to fund them.

Remember. A vote for Drago is a vote for common sense!

 

[Supersuperleeds]

I think the police are trying to keep the courts as empty as possible due to the backlog of cases. You have a personal interest in this and I can understand your feelings. Personally, I think the choice they made was appropriate.

I don't, the sense of entitlement for drivers in this country is shocking, the law and society needs to get back to the premise that having a driving licence is a privilege and not a right. As a "new driver" I would have banned him from driving until he had resat his driving test at the very least.

Next time the cyclist might not escape with a few bruises.

 

[Gillstay]

No injury beyond a minor bruise and no damage save for a slight twist to bars, so nothing to claim, thankfully

Something similar happened to my partner so I took her bike to the LBS that was good.
Said `Check it over and give me an invoice, so I can make this person consider their actions a bit more.'
My partner was then happy that her bike was safe, the bike shop treated me well next time I went in and the car drive was happy to pay what was a reasonable amount. Hopefully they took a bit more notice of the cycle lane after that.

 

[cyberknight]

Sounds like he got a good lawyer with all the appropriate get out clauses , i wonder if the car is "needed " for work ........

 

[classic33]

So he knew he already knew he was acting unlawfully. That being the case how would a course make him any more aware or this?

Build a load more magistrates courts solely for dealing with traffic offending, and use the money raised to fund them.

Remember. A vote for Drago is a vote for common sense!

They'd never have enough space for the courts required for that round here.

 

[Brandane]

I think the police are trying to keep the courts as empty as possible due to the backlog of cases. You have a personal interest in this and I can understand your feelings. Personally, I think the choice they made was appropriate.

A million times NO to this. The Police are supposed to be impartial, that is one of the most important principles of any justice system. It is not the function of the Police to "keep the courts as empty as possible due to the backlog of cases". That is the job of the CPS (in England and Wales). If the CPS are struggling to cope, that is their problem. And if my memory serves me right, are you not another ex PC? 😳

 

[figbat]

Surely a newly-qualified driver should be more aware of the procedure in an incident, since this is taught as part of the theory test and Highway Code (rule 286)?

 

[Hacienda71]

If they get a certain number of points on their licence, iirc as a new driver they have to retake their test. At the least it sounds like driving without due care and attention......