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Causing Death by Dangerous Cycling
Currently, cyclists may only be prosecuted under the Road Traffic Act 1988 for a limited number of offences such as dangerous cycling, careless cycling and cycling whilst under the influence of drink/drugs. But these offences carry fines only – no prison time, no unpaid work, no disqualifications.
On very rare occasions, cyclists who have who caused serious injury or death have been prosecuted under general criminal laws of GBH or manslaughter, but those laws rarely fit the offence and so are more complicated to prosecute.
Hence the introduction of 3 new offences; causing death by dangerous cycling, causing serious injury by dangerous cycling and causing death by careless cycling. These 3 almost identically mirror the offences for which drivers can be prosecuted.
Causing death by dangerous or careless cycling will carry maximum sentences of 14 years and 5 years in prison respectively. The difference between dangerous and careless is whether the standard of cycling has fallen far below or just slightly below what is expected of them.
Causing serious injury by dangerous cycling will only relate to offences where the standard of riding has fallen far below what was expected and the injury caused was serious enough to amount to grievous bodily harm (defined as serious physical harm, for example a broken bone). This will carry a maximum sentence of 5 years in prison.
The law is being introduced through an amendment to the Road Traffic Act 1988 – inserting a new section 27A. However there is no official time frame for the introduction. It has been drafted and backed by a number of MPs, but the introduction of the legislation may now be delayed following the announcement of the General Election on the 4th July.
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I called Patterson Law this morning to ask for advice regarding a driving offence. From first answering the call, they were … More professional, supportive, efficient and very reassuring. I spoke with Ellen as the legal advisor, who could not have been more helpful and really open/transparent about my options based on her experience. I would not hesitate to use Patterson Law in future and would recommend to anyone. Thank you so much!
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I was able to make an informed decision after speaking to Rachel about my incident. Although it wasn't the direction … More I initially thought should be taken Rachel's legal advice persuaded me to rethink my strategy. All the information given verbally was backed up by a very accurate email and followed up by Stephanie in a very professional and friendly manner to ensure I could and had made the correct decision. A very friendly but professional company who put the customer as the priority rather than take a case on just for the income. If I ever have another legal motoring problem I will most definatly use the services of Patterson Law.
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I wanted to thank you for all the good and diligent work you have done on my behalf. I am very pleased with the final outcome of my court case and most satisfied with the level of service you provided.
Dear Louise, I would like to express deep appreciation for all the work and effort you've put into my case and for ultimately getting me the decision that I wanted. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. I would recommend anybody with a Road Traffic Offence matter to your use your firm as they can be assured of an excellent and thorough service. Thanks again.
Having Googled for a solicitor who had expertise in the area of my alleged offence I found your firm and I have to say it I am so glad I contacted you. From the first phone call the attitude from your office was positive and informative. Once I instructed your firm officially I immediately felt that my case was at last being handled by someone who actually had an interest and knowledge and wanted to provide an exceptional service. All in all a positive experience. My thanks to all who had dealings with my case and especially to Louise for the expediency with which she dealt with the case saving me many sleepless nights. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. Very well done.
It is extremely rare to do a web search and stumble across a firm of any profession, and actually receive a first rate service, but that’s what’s happened in this instance. My hesitation was doubled by the fact they are located 200 miles away from me. From my initial contact through the web site, the call back was very, very fast, and the conversation put you in no doubt you were in safe hands. The contact with the secretaries was fast and efficient. The information from both the Principle Solicitor Emma Patterson and the Solicitor and Senior Case Progression Officer Louise Kippax was professional, useful, thorough and pragmatic. I wish more people in all professional services sector were as down to earth, and say it like it is! Overall, I would have no hesitation in recommending this firm. Thank you!
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