http://citycyclingedinburgh.info/bbpress/ CityCyclingEdinburgh Forum » Topic: Cycle death case handling 'may need to change' en Mon, 18 May 2026 10:28:33 +0000 http://citycyclingedinburgh.info/bbpress/topic.php?id=15673#post-202745 Mon, 26 Oct 2015 13:46:12 +0000 wishicouldgofaster 202745@http://citycyclingedinburgh.info/bbpress/ <p>Given my experience I would like to say that if you are unfortunate enough to be involved in an accident that is not your fault expect to have to complain if you want the police to do anything.</p> <p>I was initially told that the driver who knocked me down would probably be charged with dangerous driving. The police did not even get a statement from me until over a month later. I then called them several times to find out what was happening and was told 3 months after the accident no charges would be brought.</p> <p>After complaining the police finally sent a report to the Procurator Fiscal (5 months after the accident!) </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=15673#post-202729 Mon, 26 Oct 2015 10:46:32 +0000 amir 202729@http://citycyclingedinburgh.info/bbpress/ <p>@IWRATS &amp; @paulmilne just reporting the news. And some of us may stray across the border occasionally.</p> <p>It is the direction that is important. As Murun Buchstansangur says, both systems are currently flawed. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=15673#post-202722 Mon, 26 Oct 2015 10:23:46 +0000 Murun Buchstansangur 202722@http://citycyclingedinburgh.info/bbpress/ <p>The whole system in both jurisdictions is loaded:</p> <p>- police predisposed to victim blame and who fail to investigate poor drivers before they kill or injure someone</p> <p>- CO/CPS who undercharge &amp; are far to keen to take a plea (eg death by careless driving rather than dangerous)</p> <p>- juries who fail to convict in the face of the evidence (most jurors will drive, how many cycle?)</p> <p>- judges who let killer drivers off with a little or no driving ban </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=15673#post-202716 Mon, 26 Oct 2015 10:01:31 +0000 paulmilne 202716@http://citycyclingedinburgh.info/bbpress/ <p>It's probably safe to say that nothing in the article about possible changes in the legal approach to cycling deaths applies to Scotland. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=15673#post-202714 Mon, 26 Oct 2015 09:56:55 +0000 chdot 202714@http://citycyclingedinburgh.info/bbpress/ <p>"</p> <p>"very strong case" for the Crown Prosecution Service to make the final decision on whether to prosecute cases."</p> <p>"</p> <p>In Scotland it's the Crown Office rather than the CPS that makes decisions. </p> <p>The CO has also been criticised for some of its decisons. </p> <p>Cleary the fact that KS has raised this shows that problem/attitude is widespread. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=15673#post-202712 Mon, 26 Oct 2015 09:51:33 +0000 I were right about that saddle 202712@http://citycyclingedinburgh.info/bbpress/ <p>@amir</p> <p>Or indeed the Procurator Fiscal where we live... </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=15673#post-202710 Mon, 26 Oct 2015 09:43:07 +0000 amir 202710@http://citycyclingedinburgh.info/bbpress/ <p><a href="http://www.bbc.co.uk/news/uk-34604622">"The way cycling deaths are treated by police and prosecutors may need to change, the former Director of Public Prosecutions has said.</p> <p>Sir Keir Starmer said there was a "very strong case" for the Crown Prosecution Service to make the final decision on whether to prosecute cases."</a> </p>