The Cycling Lawyer - assaulted
- Thread starter downfader
- Start date
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OP
OP
downfader
extimus uero philosophus
- Location
- 'ampsheeeer
[QUOTE 1272439"]
You can't, it's manslaughter, attempted murder or murder.
[/quote]
I wasnt quoting a criminal charge. I was describing mindset.
You can't, it's manslaughter, attempted murder or murder.
[/quote]
I wasnt quoting a criminal charge. I was describing mindset.
Guys, does this really matter?
Lets stop quibbling, and instead why don't we think of ways to work together on this?
I honestly think if there is a ground up push for extension of these operations that perhaps we an make something happen.
Whos up for a fight? (not a daft online quibble!)
Lets stop quibbling, and instead why don't we think of ways to work together on this?
I honestly think if there is a ground up push for extension of these operations that perhaps we an make something happen.
Whos up for a fight? (not a daft online quibble!)
GrumpyGregry
Here for rides.
I am spartacus
MacB
Lover of things that come in 3's
- Location
- Farnborough, Hampshire
... a "ground up push"... blimey, who's been attending management seminars?
All part of the emergence of Magnatom the brand, look at the comments on the Cycling Lawyer blog:-
magnatom said... You can view my thoughts on this incident and the whole issue of Red Mist here (http://magnatom.blogspot.com/2010/12/i-am-angry-today.html)
is that spamming, shameless self promotion or something else?
His letter to the Home Sec:
Rt Hon Theresa May MP
Home Secretary
2 Marsham Street
London
SW1P 4DF
Dear Mrs May,
Treatment of offences affecting cyclists
I am a keen cyclist and secretary of a cycling club, Thames Velo, which is based in your constituency. In the last couple of months I have had two interactions with the police after I reported circumstances in which I had been, in the first case, threatened and, in the second case, actually assaulted by a motorist.
I write, not to detail my individual cases (though I would be very happy to furnish details if you wish) but because my experiences chime with those of a large number of cyclists who find that the commission of criminal offences which endanger or intimidate them are not taken sufficiently seriously by the prosecuting authorities, the first stage of which obviously is the police.
Relevant Home Office guidance has been issued to Chief Constables in the past. Specifically, in relation to cautions, Home Office Circular 30/2005 addressed to Chief Constables and copied to Crown Prosecutors refers to a gravity factors matrix and also requires that the victim’s views about the offence and the nature and extent of harm are taken into account.
My understanding is that the gravity factors matrix does include the vulnerability of the victim as a specific aggravating feature.
My experience in the case of the assault on me was that existing Home Office Guidance was not complied with before a simple caution was administered. In the case of the threat I have had to battle against a total lack of enthusiasm on the part of the police and the CPS to take my complaint seriously.
When cases get to Court there are sentencing guidelines which indicate that harm to a vulnerable road user is an aggravating feature but there is a problem in that too few cases where cyclists are harmed or threatened are taken to Court.
On a practical level could I ask your department please to consider issuing clear guidance to Chief Constables and to Crown Prosecutors that the endangering of vulnerable road users is a specific aggravating feature in the commission of a criminal offence?
At the moment the Government correctly encourages more active lifestyles. An increase in the level of cycling is obviously of direct interest to both the Department of Health and Department of Transport and relieves public expenditure from both those departments. Unfortunately there are a small minority of motorists who resist with aggression what they see as an invasion into ‘their’ road space and justify their malevolence towards cyclists with misunderstandings about ‘road tax’, safe cycling techniques, use of cycle paths, condemnation of all cyclists as ‘lawless’, and other misconceptions. Mass cycling will never become a reality while so many people are afraid of cycling on the roads because of inconsiderate, and even hostile, motor traffic.
May I suggest to you that it is a completely false economy, and wholly unjustified, to ‘go soft’ on motorists whose conduct tips over into criminality that endangers or threatens those using a form of transport that the Government is seeking to encourage?
I am not suggesting that a ‘soft’ policy has been directed from the top; rather it has emerged from the bottom and now needs to be tackled from the top.
I would be very happy to meet with you or your officials in your constituency or in Westminster (perhaps with representatives of relevant cycling organisations) to explain further the concerns which I know are now shared by a very large section of the cycling community.
Yours sincerely,
Martin Porter"
Lizban
New Member
- Location
- Blackheath, London
Well done for writing.
Do people actually think that the police treat cyclists any different to other road users/victims of crime?
Do people actually think that the police treat cyclists any different to other road users/victims of crime?
benborp
Guru
- Location
- further from Penge
Yes. An awful lot is dependent upon the individual officers that are involved but the fact is that cyclists can be and are discriminated against.
Absolutely, a reflection of cyclists' out-group status.
I've heard some shocking stories about police about police inactivity after a nasty road rage incident, including being rammed by drivers.
In my case Ideal Scaffolding employ drivers who flick lit fags at cyclists (me!) on Hackney Road. The cops did nothing cos I wasn't hurt. Reckon I could get away with flicking fags at a copper?
Lizban
New Member
- Location
- Blackheath, London
To be clear - I have no doubts that the police reaction has been poor in a number of cases. But what I question is it BECAUSE we are cyclists?
(Or as I suspect that 99% of the time it is one persons word agaisnt anothers)
(Or as I suspect that 99% of the time it is one persons word agaisnt anothers)
Amanda P
Legendary Member
- Location
- York. Well, York-ish...
I think that in many cases, traffic offences are dealt with (or perhaps not dealt with) by traffic officers.
The nature of that job is likely to attract those who are interested in cars. Petrol-heads, let's say (slightly uncharitably, perhaps).
It's not too big a stretch to think that a petrol-head police officer might identify more strongly with a driver's version of the story of an incident than with the cyclist's, and so act (or not act) accordingly. In that sense, yes, I think cyclists are discriminated against.
(This post may contain generalizations or traces of generalizations).
The nature of that job is likely to attract those who are interested in cars. Petrol-heads, let's say (slightly uncharitably, perhaps).
It's not too big a stretch to think that a petrol-head police officer might identify more strongly with a driver's version of the story of an incident than with the cyclist's, and so act (or not act) accordingly. In that sense, yes, I think cyclists are discriminated against.
(This post may contain generalizations or traces of generalizations).
EG:
http://www.thisislondon.co.uk/stand...ared-of-assault-thanks-to-standard-readers.do
In that case the police failed to gather evidence, lied to the victim, turned away witnesses and cocked up the case from beginning to end.
In this case:
http://admin.roadpeace.org/pr/latest.html
Four cyclists killed, the driver exonerated at the scene before the investigation had even begun, and then the cops don't bother to bring charges within the 6 month limit so the driver gets away with a poxy fine.
