Maybe worth getting one of these cycling lawyers to take the case forward. The requirements for the CPS to pursue a case does not mean a crime has not been committed. They obviously don’t place a high priority on driving incidents, and seem to have little understanding of the dangerous nature and level of fear created by violent aggressive motorists.

I think you could bring a private prosecution against the driver, and his admission would be evidence in such a case.

glad OP OK

aracer – Member

What was he given a caution for? I wasn’t aware that was the normal action with assault, first offence or not……

I believe it is and here is the policy – think this must be an update as I came across it as an outcome in case of a lad I knew who was punched in a bar by a complete stranger

http://www.justice.gov.uk/downloads/oocd/adult-simple-caution-guidance-oocd.pdf

PS – I’m not familiar with the location so am assuming it is in England not Wales NI or Scotland

antiglee from your link..
Other Serious Offences
32.
Serious offences which would ordinarily attract a high end community order or immediate custody are generally not suitable for disposal through a simple caution.

Victim
52.
Before a simple caution can be offered it is important to establish where appropriate and possible;
o
The views of any victim about the offence and the proposed method of disposal;
o
The nature of any harm or loss and its significance to the victim.
These factors should be taken into account in considering whether a simple caution is appropriate.”
In my view any roadrage incident is likely to be viewed as serious and all sentencing options including custody would be considered. Also clearly molgrips should have been consulted. The use of a caution also appears to have avoided any risk of penalty points on the licence for poor driving or the theoretical risk of loss of his car as being used in commission of a crime.

Can’t remember if I’ve already said it on this thread but…
I was clipped by an overtaking car, the driver then got out, knocked me to the ground and punched in the head half a dozen times while I was tangled up in the bike.

It was all on video, with 2 or 3 witnesses.

West mids police wouldn’t even give him a caution! They told me that it was a ‘local resolution’ or nothing because they couldn’t afford to go to court with these kind of cases. So he wrote a letter saying “I regret that we bumped into each other”. That’ll learn ‘im. 🙄

So a caution is a bit sh*t, given that it surely counts as dangerous driving AND assault, but it’s more than I’d expect the police to do.

If I was living back in the UK now, I would defiantly take out legal insurance. And I advise everyone to do so.

Just because the police or CPS won’t push for prosecution doesn’t mean the driver cannot be prosecuted. It is becoming increasingly clear that the police and CPS are not serving the needs of the victims in these cases time and time again. If as cyclists we have access to legal representation then we can push for the right outcome.

I am convinced that we now need legal representatives to manage these cases right from the beginning. If I was now in such an incident the second thing I would do after reporting the incident to the police would be to get a solicitor to manage the case for ME, not for the easiest path for the police and CPS. And even if the police and CPS were not willing to prosecute, I would want to take it off their hands and prosecute privately.

This could so easily have resulted in the death of the cyclist involved, and the driver has got away with the absolute minimum, beyond the absolute minimum possible. It yet again sends out the message that cyclists are unimportant sub humans to so many drivers.

Try writing to your “Police & Crime Commisioner”?? Local MP?? Councillor for the area. Get a bit of back up from people in “Public Office”, the ones who still need your vote?

Yep the caution can only follow an unequivocal admission of guilt so it’s your word and his against nothing.

He was probably offered the caution on the condition he made the admission. Highly unlikely anybody would admit anything if they didn’t know where it would end up.

A quick thought.

He came in of his own accord, so does that mean it’s actually a STW forum member? How else would he have found out that action was going to be taken.

Either that or genuine remorse.

MSP would you get that over under a std policy?

I don’t know how it works in the UK now. Here in Germany it is quite usual to have legal insurance completely separate from any other insurances, that way they cover you even when in dispute with the other insurance companies.

I think for cyclists it is possible to get legal cover for cycling related issues through ctc or similar organisations.

However the way the law is moving, I would now prefer to have greater cover than a specific cycling policy. It costs me 120 Euro a year in Germany. I have never needed it, but quite a few friends and colleagues have had disputes with landlords, and one friend who was in quite a serious traffic accident where it has been invaluable.

I’m American, and many professionals here belong to some sort of professional organization or are regulated by some start body. I assume that its the same in the UK. Lawyers belong to the Bar Association, Engineers would be licensed by a state professional board. Other professions have similar bodies. And none of them look highly on poor conduct (such as assault) by their members!

I highly doubt Cardiff-dwelling, modded car driving scallies are part of any professional organisation. Although if you can get hold of his pot dealer you may have some leverage.*

*Me? Stereotyping? Shurely shome mishtake.

Witnesses Witnesses witnesses. Without them the police will do nothing. Any CCTV cameras? Even if there are you will have to make the police look at the footage. Then ring them daily to nag them. Now if a serious injury or death had occurred they will put some effort in. I expect he will have to do one of the latter before police will bother.

Nag the police! yeah that’s really going to get them on your side 🙄

They have bothered though haven’t they. Traced the driver, got him in, interviewed him and dealt with him accordingly, and he now has this caution on his criminal record. Whether or not one agrees with the option of cautioning people for a first offence is another matter, but it’s incorrect to say the police haven’t bothered on this occasion.

Cautioning for a first offence is probably quite reasonable for some offences. But the law should deal quite seriously with someone vomiting an act of violence with a motor car that could easily lead to a death.

It is a hell of a lot more serious than say, dealing cannabis, which the law would be all over like a cheap nylon suit. But there is a war on drugs based on bad science and false political morality, while the very opposite seems to be applied to serious offences when committed in charge of a motor vehicle.

It’s worth being clear though, as there’s plenty of cyclists I see who don’t make it easy for themselves by riding literally in the gutter, which not only means they’re riding over all the detritus that ends up there and the drain covers etc. but also invites drivers to “squeeze through” for overtakes where there really isn’t enough space, and furthermore the rider who’s already in the gutter hasn’t got anywhere further to go to get out of the way (other than bunny hopping on the pavement).

Even more annoying for the rest of us, the gutter riders create an expectation in at least some drivers that that is where the cylists should be and they then get arsey (or worse) at those of us who ride in a more sensible road position.
That’s where cyclists have to ride along Hungerdown Lane, in Chippenham, what used to be the old A350. The white centre lines were removed, cycle lanes marked along each side, with the specific, stated intention of using cyclists to narrow the road in order to slow down cars, after an accident involving a motorbike and a pedestrian crossing away from a marked crossing.
There is no option going North, the footpath is narrow, usually full of school kids, and that’s illegal anyway.
Perhaps you could suggest an option, which doesn’t involve riding further out in the traffic, as the conflict that will incur
will be one of increased aggression; it’s already very difficult for cars, and especially trucks and buses, to get past someone on a bike.
South, and there’s a much wider path, which was shared, but only extends half-way along the road, because the path then gets very narrow.
Nobody wins in this situation, I no longer ride when it’s wet, because I get covered in crap, and it takes twice as long to get togged up as it does to drive in the dry.

so does that mean it’s actually a STW forum member?

That’s quite a leap! Back up Columbo.