Cyclist who almost lost life “let down” after lawyer’s error sees driver escape dangerous driving prosecution

Nice to give the CTC SEVEN paragraphs at the end. I know they're a polite well-meaning bunch but let's not imagine those 7 paragraphs achieve anything or are read by anyone but cyclists. I do hope they do more than just preach to us, the converted.

its not just motoring cases that CPS take the easy option they use every excuse to downgrade or drop cases to avoid trials part of the problem is the cuts to funding but that should not prevent justice

its not just motoring cases that CPS take the easy option they use every excuse to downgrade or drop cases to avoid trials part of the problem is the cuts to funding but that should not prevent justice

If a criminal charge can be down graded from dangerous to careless driving by the court, why can't it be upgraded again? Am I missing something? Why is it all about how the driver might feel? What about the victim & his family whose lives will never be the same again? What about the safety of all other road users who still have to share the road with a driver who was considered to be dangerous? Will the courts be held responsible if he kills somebody else?

Either way some one cocked up fucking big time and a dangerous driver has got off scott free, free to do the same again. That some one should lose their job. The justice system has become such a joke with respect to dangerous and bad drivers that it is time to sort things yourself. Do what Top Gear did and drop this fucker's caravan from a great height smashing it to pieces.

Paul J - from what I can gather from reading this article the case was dropped due to the amount of time which has lapsed, which made a fair trial impossible due to the time passing which means the witnesses and other evidence becomes potentially unreliable.

'in R (on the application of Hereford District Council) v Amanda Jane Wiles [2005] E.W.H.C. 306 Admin. In this case, which concerned the power of magistrates to stay criminal proceedings on the grounds of delay, the court ruled that in order to impose a stay the magistrates had to find that owing to a delay a defendant had suffered serious prejudice to the extent that no fair trial could be held'

Before a case goes to court for dangerous driving we, the Police, have to have authority to charge from the CPS. In other words we have to submit all the evidence to the CPS to get the charge.

So in this case its already been through the CPS to get the charge of dangerous driving yet another barrister decides thats not the case and bins it.

Its a complete and utter joke if you ask me and the original charging decision should have stood. Its got nothing to do with cut backs or anything else its just incompetence of a particular barrister.

A major issue here is that the CPS have been squeezed for funding by successive governments, but especially the current government. With the CPS having to do far more with much less, the end result is that prosecution lawyers don't have the time to properly look at or give thought to cases. The end-result is cluster-fscks like this one, more and more often, and cases collapsing.

Please don't bring this odious anti HRA nonsense into this, this was a procedural error, a result of the CPS being underfunded and overworked, therefore they make the wrong filing and miss deadlines. The reason why the CPS is overworked? Cos the coalition have cut ministry of justice budgets by half since 2010. Reason why they did that? Because people belive anti HRA nonsense and think anyone who uses the justice system is a terrorist asylum seeker.

You'll probably find that the car driver, the prosecuting counsel and the judge are all members of The Caravan Club. Closing ranks or what?

You want justice?

Sign this petition for Default Liability

http://epetitions.direct.gov.uk/petitions/57804

Is this just another example of how good the CPS (criminal protection service) are?
Just asking!!!!!!!!!

The British Justice System has been a joke for longer than I care to remember. Maybe from the instigation into the British legal system of the Human Rights Act 1998 which actually came into force in October of 2000, I am not sure.

Either way, how offenders are sentenced in this country and how the offenders are prosecuted completely bewilders me. Justice? What justice. There is none. What you have now is a sevice that makes token gestures so that law order does not become chaos.

This case is a prime example of the Joke in play.

Yet again the 'justice' system shows that the only party in it that receives a 'fair process' is the perpetrator.