Do we get to vote on that?
no. If the evidence was "word on word" , then the CPS view would be to drop it, if it ever got to the CPS from the Collision Bureau. If the guy knows this and has decent advice, he will choose the court route when given the option. Without independent witnesses or an admission by the driver the case is dead in the water. Even if the guy has made a full and frank admission on interview, then the expense of taking it to a court may
mean that it is not "in the public interest" (which in these days of bean-counting is a weigh up of cost v benefit)
Awareness courses are available to drivers who admit the offence and agree to go on them. No matter what the OP's opinion is, it is still up to him to take that option. The only input the OP actually had was to agree that he would be happy to let the police make that offer.
So, perhaps a lesson to us all. The driver may have appeared all contrite at the time, but probably took a gamble when faced with the choice of losing a day's pay plus the cost of an awareness course, or a three pointer and less than half that in fines. If my licence was clean I'd opt for the points, especially knowing what I know about the appetite of the CPS to prosecute minimal injury accidents.
Now, Restorative justice is another matter. I might be tempted to suggest he could "walk a mile in my shoes", and join me on a rush hour commute. He may learn to respect bike safety a bit more after ten miles of being buzzed by private hire drivers, buses and other blithe morons.