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Justice (Lonpicman, Wikimedia Commons)"Very strong case for change" in way cycling death cases handled says ex-Crown Prosecution head
Former Director of Public Prosecutions, Sir Keir Starmer believes there is a “very strong case” for change in the way the cases involving the death of a cyclist are currently handled by the law. The former head of the Crown Prosecution Service (CPS) believes decisions to prosecute cases in which a cyclist has been killed in a road traffic incident should be made by the CPS and not the police.
Sir Keir Starmer, who is now Labour MP for Holborn & St Pancras, called for the change on BBC 2's Victoria Derbyshire programme this morning in a report that highlighted the failings of the criminal justice system in cases involving cyclists.
“I think there’s a very strong case for saying, where there’s a death involved, if it’s serious enough to have had a criminal investigation then it really should go off to the CPS for the final decision.”
The report, which you can watch here, was presented by BBC journalist Anna Tatton-Brown.
Her father, Michael Mason, died in March last year from injuries he had sustained around a fortnight earlier when a car struck him while he was riding his bike in Central London.
On the anniversary of his death, police told a journalist that the driver involved would be prosecute, only to change their decision four days later, something described as “impossibly callous” by Martin Porter QC, who represented Mr Mason’s family at the inquest into his death.
- "Incomprehensibly callous" - Met slammed as Michael Mason’s family plan private prosecution
The BBC report highlighted the shortcomings of the criminal justice system in cases where cyclists have been killed, with another case examined being that of Richard Jordan, who died in November 2011.
Kent Police’s handling of that case was referred to the Independent Police Complaints Commission, which found a number of shortcomings in the investigation.
Police watchdog slams Kent police over investigation in to cyclist's death
The BBC also spoke to Gloucestershire’s chief constable, Suzette Davenport, who is also lead on roads policing for the National Police Chiefs’ Council.
She admitted she would not cycle in central London, saying: "I wouldn't do that, because it's too busy, there are too many risks.”
According to Mr Porter, who blogs as the Cycling Silk, that attitude is all too prevalent among police officers and explains in part why some cyclists and their families feel ill-served by the justice system.
“They're looking at cycling as a dangerous activity,” he explained. “Their emphasis then, and the emphasis of some coroners, is upon whether a cyclist is wearing a crash helmet or high visibility equipment, rather than on whether the people driving in the vicinity of vulnerable road users like cyclists are taking the appropriate amount of care not to collide with them."
The families of both Mr Mason and Mr Jordan have been supported by the Cyclists’ Defence Fund.
In Mr Mason’s case, his family plan to bring a private prosecution against the driver involved and the CDF has raised almost £30,000 to help pay for it.
In an update last month on Just Giving, it said: “We are sorry that we have been unable to provide an update on the progress of the case until now. We want to reiterate how immensely grateful we are for the support shown so far for Mick and his family.
“Unfortunately, we cannot go into great detail about the case at this stage, but we can say that the preparation for the prosecution is moving apace and heading into the final phases.
“We will update you again soon when we have more information. We are sorry that we cannot give out more details and hope you understand that this is because we do not want to jeopardise the case in any way.”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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18 comments
This is a bit rich coming from Keir Starmer who presided over the CPS when there were some egregious failings of justice for deceased cyclists and their families who were let down dreadfully by him and his incompetent CPS prosecutors.
Isn't this a normal, respectful, pattern of operation for someone in public office? Follow the rules while in office, possibly feeding back privately. Only make public criticism once out of role.
I think its good that he's taken note of the actual impact of the rules and procedures that he ran.
I think if/when self-driving cars come along, manual driving will be outlawed, it's inevitable, humans just aren't capable of holding 100% concentration 100% of the time.
If you have not read The Cycling Silk's article about the death of Michael Mason you should do so soon. The whole sad affair stinks of either incompetence or corruption and has been dragging on for over a year.
I hope the impending private prosecution unearths some truths.
This was a disgraceful case. Good on the Cyclists' Defence Fund in helping Anna Tatton-Brown.
For a full account of why the MPS behaved badly, see http://rdrf.org.uk/2015/03/20/the-michael-mason-case-a-national-scandal-...
SEDGEPEAT - get this clown off of here!!!
http://www.youdrive.co
http://driveeastmidlands.blogspot.co.uk
Interested to see what prosecutors think about dash cams and helmet cameras. If every car or cyclist would have one there would should be enought evidence, no need for special detetive work and quicker to prosecution. I'm sure that the insurance companies would agree with dashcams as there are plenty of crash for cash incidents and cyclist would have the evidence of careless/dangerous driving or even man slaughter.
Classic cause of driver v cyclist confrontation and a reason to enquire why we must have road cycling. So driver punishment and jail for a dangerous concept imposed on them unnecessarily and encouraged by politicians. When humans mix and mingle with big machines bad things will happen. Cycling is a choice, and it includes the perils of the concept.
Where are all the sensible, not from cycle lobby MPs? It's about time this minority lobby group were challenged by the far larger groups who don't need cycling at all.
Sorry mate, I think you've taken a wrong turn from the Daily Mail website.
I would agree with you, but then we'd both be wrong!
Have a read of this lovely book by Carlton: http://www.roadswerenotbuiltforcars.com/
Well, I may as well bite the troll's bait.
Actually, everyone needs road cycling to happen. Otherwise the country will grind to a halt as motor traffic continues to get even more ridiculous levels, and the population will die ever earlier from health issues resulting from pollution and inactivity. Not to mention the whole climate change thing.
I suppose you think that walking anywhere is a choice and you should accept the risk of crossing the road at a zebra crossing, with no responsibility placed on motor vehicle drivers?
For most journeys, use of a motor vehicle is a (lazy) choice and should involve accepting the risk of ending up in jail when you make a mistake and kill someone.
Oh, and you can't seem to make up your mind whether politicians are needlessly imposing the use of motor vehicles or needlessly imposing cycling... So perhaps you believe in another form of transport?
Let's all drive everywhere, increase the pollution in our towns and cities, increase levels of obesity, grid lock every road.
Or more importanly that more than half of the population do not drive or don't have access to cars, who is the minority!
http://www.youdrive.co(link is external)
http://driveeastmidlands.blogspot.co.uk
Being ex-Police you would think that having to deal with serious injuries or fatalities on a regular basis, having to tell the families of a bereavement, or the effects that things like this would also have on the people working in the emergency services would change your views on speeding, dangerous or careless driving. This is not just about Car v Cyclist, it's Car v Pedestrian, Car v Car, Car v Lorry and even Cyclist v Pedestrain... it affects everyone of us.
so if I drop some bricks off a motorway bridge, that's just one of the risks of motoring is it? And a brick is far less of a deadly weapon than a ton of metal box.
Look folks, we have a winner for the most asinine comment of the day!
I think you're confusing intention to harm and accidents - an easy thing to conflate if you're one of bad car drivers I've had the displeasure to witness.
"Accidents" lol your new here aren't you, there no such thing as an accident, someone is always culpable. What if I accidentally dropped a brick off a motorway bridge, or do accidents only happen when your driving a car.
Whahey! Pieth Keat is here to entertain...
Yes - we definitely need better justice for deaths on the roads, whether pedestrians, cyclists, motorists or other.
I'd want manslaughter charges to be brought against road users involved in a fatal collision rather than "careless" or "dangerous" driving. If they unintentionally caused the death of someone by not following the Highway Code and driving safely, then why should they be allowed to have a momentary lapse of concentration or whatever the judges use to exonerate the driver?
It doesn't need a change to the law, just for the law to be applied sufficiently.