The government is introducing legislation to prosecute cyclists who kill or injure through dangerous or careless cycling.

Ministers backed a series of amendments to the Criminal Justice Bill tabled by Sir Iain Duncan Smith.

These aim to ensure people on bikes “face the same penalties as drivers and motorcyclists”.

Brakes on

The government has agreed to introduce new laws covering cyclists.

They are principally aimed at those who kill or seriously injure because of dangerous cycling.

Additionally, cyclists who kill through careless cycling face the same penalties as drivers and motorcyclists who do so.

Amendments to the Criminal Justice Bill introduce the ‘Offence of causing death by dangerous, careless or inconsiderate cycling, and causing serious injury by careless or inconsiderate cycling’.

This updated version of the Bill will then be debated and voted on by Parliament.

In the detail

Transport Secretary Mark Harper announced the proposed legislation.

He says it will ensure the “tiny minority” of reckless cyclists would face the “full weight of the law” while protecting “law-abiding cyclists”.

“Most cyclists, like most drivers, are responsible and considerate,” states Harper. “But it’s only right that the tiny minority who recklessly disregard others face the full weight of the law for doing so.

“Just like car drivers who flout the law, we are backing this legislation introducing new offences around dangerous cycling. These new measures will help protect law-abiding cyclists, pedestrians and other road users, whilst ensuring justice is done.”

Protecting the public

These changes come after 37 fellow Tory backbenchers backed former Conservative leader Iain Duncan Smith’s amendments.

Smith describes the need for new laws as “urgent” and not “anti-cycling”.

Speaking to MPs, Smith referenced the death of Kim Briggs in 2016.

She died in hospital a week after Charlie Alliston collided with her in east London.

Alliston had been riding a fixed-gear bike with no front brake.

While a jury cleared him of manslaughter, he was jailed for 18 months for causing bodily harm by “wanton and furious riding”.

The judge applied this under an 1861 law covering horse-drawn carriages that carries up to two years in jail.

Duncan Smith said Matthew Briggs’ attempt to get a cyclist prosecuted involved a legal process that was so convoluted that the presiding judge had since said it was a “mockery” and that “the laws do not cover what happened to his wife and is happening to lots of other people”.

He added: “This is not, as is often accused by people who say anything about it, anti-cycling. Quite the opposite, it’s about making sure this takes place in a safe and reasonable manner.”

Out of date

Another recent case involved the cyclist Brian Fitzgerald

It emerged this month that police had decided there was little chance of convicting the Credit Suisse banker despite causing the death of an 81-year-old dog walker in central London.

He was riding in a group at a speed of between 25mph and 29mph at the time of the fatal crash. Pensioner Hilda Griffiths died of her injuries.

The speed limit in the park is 20mph, but the Metropolitan Police confirmed that it does not apply to people riding bicycles (as is the case throughout the country).

This led to the case being closed because there was “insufficient evidence for a real prospect of conviction”.

Royal Parks this week urged Strava and other exercise apps to remove the park’s Outer Circle as a segment on their sites.

Users of the apps can attempt to outdo each other with the fastest time.

Strava’s leaderboard shows that the record holder’s average speed on the route in Regents Park was 34.2 mph.

Watching and waiting

Labour refrained from taking a side in the debate.

It argues that more information about the provision’s details and potential impact was needed first.

Jack Cunningham, Shadow Minister for Courts and Sentencing, stated that Labour intends to legislate in the area if it wins the general election.

Cycling groups were also urging caution before rushing into any new legislation.

While acknowledging that “work needs to be done”, Duncan Dollimore, the head of campaigns at Cycling UK, also believes more planning is needed first.

He warns that “tinkering at the edges of reform we will be adding new offences to existing road traffic laws which already aren’t working”.

“What we need is what the government promised 10 years ago; an in-depth review of road traffic laws and penalties.

“Better road traffic laws will help to ensure our roads are safer for all communities. It’s time the government answered our consistent call for a full review.”

Politics and policy

It is an argument shared by others.

Many cite the government’s lack of a Road Safety Strategy and the Conservative government’s abandonment of road safety targets over the past 13 years.

“If the government are keen to support Mr Duncan Smith’s legislative review,” says Lucy Straker, the campaigns manager at Brake, “then perhaps they would be keen to deliver on their commitment to publishing a new Road Safety Strategy – which they committed to doing in 2021 – and to which we are still waiting for in 2024.

“In this it would include ways to reduce the number of people being killed and seriously injured on our roads (however they choose to travel) and help people find healthy and safe ways to travel.”