Cyclist brings first private prosecution for dangerous driving
- Thread starter TwickenhamCyclist
- Start date
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- Tags
- cyclist
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glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
I expect you have put cases to court which resulted in acquittals; does that mean there was insufficient evidence and you're a tool?
GC
mjr
Comfy armchair to one person & a plank to the next
- Location
- mostly Norfolk, sometimes Somerset
And if someone's done it more than once, would they be a multi-tool?
snorri
Legendary Member
- Location
- East coast, up a bit.
An interesting blog on the case.....
http://beyondthekerb.org.uk/2016/03/23/an-obvious-problem/
http://beyondthekerb.org.uk/2016/03/23/an-obvious-problem/
Spinney
Bimbleur extraordinaire
- Location
- Back up north
interesting read - thanks for posting
Origamist
Legendary Member
Yes, Bez makes a number of important points. I thought this "revelation" was particularly telling:
"In case you’re sceptical as to the effect of allowing a jury to interpret the statutory definition of dangerous driving, I would ask you to note one thing: apparently the decision to escalate this case to a Crown court instead of a magistrate’s court, and thus to hand over the decision to a jury, was made by the defence."
Martin Porter writes for the Guardian:
http://www.theguardian.com/commenti...al-by-jury-death-cyclists-pedestrians-justice
"Dangerous drivers should not be allowed to choose trial by jury...I’m going to argue that when it comes to some driving offences that are triable “either way” – when defendants have the option of trial by a magistrate or by judge and jury – the latter option should be removed. This might sound like a curious thing for a QC to propose, but I believe it would make justice more likely, particularly for the most vulnerable road users, cyclists and pedestrians, who are currently too often being failed."
He has also been blogging about his experience: the first section is here:
http://thecyclingsilk.blogspot.co.uk/2016/03/lessons-form-private-prosecution-1.html
http://www.theguardian.com/commenti...al-by-jury-death-cyclists-pedestrians-justice
"Dangerous drivers should not be allowed to choose trial by jury...I’m going to argue that when it comes to some driving offences that are triable “either way” – when defendants have the option of trial by a magistrate or by judge and jury – the latter option should be removed. This might sound like a curious thing for a QC to propose, but I believe it would make justice more likely, particularly for the most vulnerable road users, cyclists and pedestrians, who are currently too often being failed."
He has also been blogging about his experience: the first section is here:
http://thecyclingsilk.blogspot.co.uk/2016/03/lessons-form-private-prosecution-1.html
