Dangerous Cyclists: Updating the law

Updating the law regarding death and injury by dangerous or careless cycling

In May 2024, the government have agreed to take steps to introduce new laws in relation to cyclists who have caused death or injury by dangerous/careless cycling. The significance of the change in law is that these offences could carry the same sentences and penalties as drivers and motorcyclists who commit similar offences.  

What new legislation has been proposed for dangerous cycling? 

The government’s intention of these changes has been made known by a suggested amendment to the Criminal Justice Bill.  

The proposal will create the following offences:  

1. Causing death by dangerous, careless or inconsiderate cycling  
2. Causing serious injury by careless or inconsiderate cycling  

These offences could carry sentences up to 14 years in custody.  

Why have these changes been suggested for dangerous cycling? 

It has been identified there is a clear gap in the law which makes it difficult for prosecutors to move forward with prosecutions when trying to use offences relating to motor vehicles. The amendment has been raised by the campaign of a Tory MP Iain Duncan Smith.  

One case which examples the issues with the law in this area involves the campaign of Matthew Briggs whose wife was killed by a cyclist riding without a front brake. The cyclist received a 18 month sentence in 2017 which has since been criticised for being too lenient. The cyclist was prosecuted under the law of ‘causing bodily harm through wanton or furious driving’ which dates back to 1861. 

Another case which has garnered attention from the media involved a fatal collision of a cyclist and pedestrian in 2022. The cyclist was travelling at 29mph through Regent Park in London however a prosecution could not be bought against him as the 20mph speed limit in Regent Park does not apply to cyclists. The case went to Coroners Court and the death was not criminally prosecuted.

The new law seeks to ensure that cyclists who cause serious injury or death are held legally accountable in the same way dangerous drivers are by implemented a clearer legal route to prosecution in these circumstances.  

When will the new cycling legislation be implemented? 

For the amendment to the Criminal Justice Bill to become effective, the government will continue debates regarding the amendment before it is sent to the House of Lords for approval. Because of the calling of a general election is it unlikely this will be affected any time soon as the process will be delayed.  

Although it is reported that more than 99% of pedestrian collision deaths in the UK involve a motorised vehicle, it is clear that for the unfortunate small minority of cases such as the cases mentioned above in this article, there is a gap in the law which makes it difficult to justly hold dangerous cyclists accountable.  

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