Police decide not to prosecute - options?

tarquin_foxglove

I had a close pass by a bus which I then overtook in the queue at the next lights. Shortly after, as I'm reaching cruising speed, the bus comes past again this time even closer. In fear I shout & hammer on the side of the bus for more room, instead the bus brakes & pulls into the kerb. I manage to escape up onto the pavement & avoid the bus. I pull off the kerb in front of the bus to stop it & I get the registration number, while I'm doing that a witness from a car following comes forward and passes on her details.

The Police have now viewed the recording of the CCTV from the bus and a woman had missed her stop & rang the bell, the bus driver pulled in to let her off. The CCTV shows both passes, my hammering on the side of the bus, the bus continuing to pull in & my escape onto the pavement.

In the Police officers opinion, "nothing to see here, move along".

Strangely I feel unsatisfied with that outcome, do I have any formal rights to a 'second opinion', would writing to the Chief Constable and the Police & Crime Commissioner be worth it or do I have to suck it up?

tarquin_foxglove

BTW replies of the nature of "the police don't prosecute, it's the CPS" are not required.

slowbike

I'd be shouting and hollering to anyone who'd listen!

If your Police "Officer" can't be arsed with what sounds like dangerous driving or even assult (the driver was trying to run you off the road?) then I'd be talking to my MP and newspapers/local tv or radio station.

markhewitt1978

tarquin_foxglove wrote:

BTW replies of the nature of "the police don't prosecute, it's the CPS" are not required.

The police have to refer it to the CPS and it doesn't appear to have even gotten this far?

tarquin_foxglove

markhewitt1978 wrote:

The police have to refer it to the CPS and it doesn't appear to have even gotten this far?

That's correct.

I made a report to the Police, they contacted the witness for their view of the incident and then went & viewed the CCTV.

The Police told me the CCTV corroborated mine & the witness' report of events but as the driver was reacting to the woman requesting the bus to stop, rather than maliciously trying to run me off the road, that while careless it wasn't worth passing the file to the CPS. The CPS wouldn't proceed as then they would have to prosecute hundreds of similar events which would clog up the courts. I wasn't injured and should be thankful for that.

Please note, I'm not making this up.

slowbike

Obviously, taking this from your side of the story only ...

The police aren't going to do anything about careless driving or driving without due care and attention?!

Bare minimum I'd want the driver on a warning! What would've happened if there were railings or some sort of fence - he could've squashed you! All because he wasn't paying attention?! He's a professional driver - we should be able to trust professional drivers - more so than the general public!

all the !'s are because I'm flabbergasted by the response you say the Police have given you - has the driver faced nothing? not even an investigation by the bus co?

TommyEss

Is there any progression with the bus company - they're normally (on face value at least) getting better at driver training and investigating inconsiderate/careless/dangerous driving by their staff.

Not sure on the legal side of things - if the police think it's unlikely that the CPS will see fit to prosecute then you can see their logic, even if you don't agree with it. There must be recourse to a second opinion, or at least a call to discuss the outcome with you/explain their decision.

tarquin_foxglove

I thought it was too serious for the bus company to deal with, I'd just end up with a standard letter saying they were sorry & the driver had been spoken to and that'd be it. When I was told that the file wouldn't be passed to the CPS, the PC said that by asking for the CCTV the bus company managers would be alerted to the incident and would be speak to the driver. So I think that side of it is covered.

I'm not sure what the Police want, they have an independent witness, a victim, cctv & that still isn't enough.

jacknorell

Complain to the chief officer of your town/region about non-action regarding vehicular assault / dangerous driving. Sounds like there's plenty of evidence, and the police should have passed this onto CPS.

You could also file a formal complaint to CPS maybe, about serious incidents not being given to them even for a review, thus failing the public's trust in the justice system.

I think the ONLY reason they're not dealing with it is because you got lucky instead of squished.

tootsie323

tarquin_foxglove wrote:

... The Police told me the CCTV corroborated mine & the witness' report of events but as the driver was reacting to the woman requesting the bus to stop, rather than maliciously trying to run me off the road, that while careless it wasn't worth passing the file to the CPS. The CPS wouldn't proceed as then they would have to prosecute hundreds of similar events which would clog up the courts. I wasn't injured and should be thankful for that...

The fact that the bus driver passed you knowing that he needed to pull over just ahead should, in my view, be grounds for driving without due care and attention... how often are motorists reminded not to overtake cyclists immediately before making a left turn? I'd agree that going to the CPS is not warranted but I would have assumed an interview with the driver would have been.

steviecfb

CPS don't deal with careless driving: http://www.cps.gov.uk/publications/dire ... 5.html#a15 (careless is a summary-only offence).

CPS don't oversee police decisions, so no point in complaining to them.

Complaint to police is the only option, I think.

jacknorell

So, if the CPS doesn't handle the case... seems like the officer in question was less than truthful stating that the "CPS wouldn't proceed" as it was really the officer's decision.

Shocker... the buck being passed...

Good to know about the actual process though.

Smiler1968

You are correct in that the decision to 'report' the driver would be down to the police as this is a summary offence. It is of course the CPS that would review the case before any summons was issued. The CPS are the ones who prosecute, not the police. As a summary offence there is a 6 months time limit and obviously that has now elapsed. The driver will not be prosecuted even if the case were reviewed and the decision reversed. That wouldn't stop me from asking the speak to the officers supervisor and trying to establish why they took no action.

Sorry, looking at the wrong date. The 6 months limit has not been reached. I would speak to their supervisor and ask for the decision to be reviewed.

supersonic

A bit of devil's advocate - why hammer on ths side of the bus? What does that achieve? Maybe scare the passengers, or could even be considered assault.

shortcuts

From memory you can take out a 'private summons' by 'laying an information' before the magistrates. Also from memory, the police are duty bound to assist you in the preparation and laying of the information. I would advise that you at least contact his supervisor and find out why they won't proceed with a summary prosecution. If it is because the local court usually dismiss on the level of evidence you suggest then give up. Otherwise there is nothing to prevent you prosecuting personally. Make sure any witnesses are prepared to attend court or you will look foolish and possibly incur costs from the bus company.

slowbike

supersonic wrote:

A bit of devil's advocate - why hammer on ths side of the bus? What does that achieve? Maybe scare the passengers, or could even be considered assault.

To alert the driver incase he hasn't seen you, to try and avoid the assault on him being continued - it's self defence.

slowbike

steviecfb wrote:

Complaint to police is the only option, I think.

No - there are lots of avenues to take ...

These days it seems like you could tweet something inane and achieve an investigation ...

tarquin_foxglove

supersonic wrote:

A bit of devil's advocate - why hammer on ths side of the bus? What does that achieve? Maybe scare the passengers, or could even be considered assault.

Essentially to alert the driver to my presence, it was a close pass anyway and the gap between me & the bus was narrowing, I was between the wheels and concerned with the path that the rear wheel would take.

I was able to undertake the action without deviating from my line or even coming close to straightening my arm.

There was no specific intent that my hammering & a hollering would cause apprehension of harmful contact or actual harmful contact to the driver or passengers, so I don’t believe a charge of assault would be viable.

I'm certain the PC would have mentioned it if it was, as he did say I should count myself lucky the bus company hadn't contacted them about my obstruction of the highway by preventing the passage of the bus while I got its registration.

davis

tarquin_foxglove wrote:

I'm certain the PC would have mentioned it if it was, as he did say I should count myself lucky the bus company hadn't contacted them about my obstruction of the highway by preventing the passage of the bus while I got its registration.

It sounds like the officer concerned was, in legal parlance, a douchebag.
The total inaction, plus that comment, would have me fuming as well! I haven't got any specific help, but presume you've read this?

The Rookie

As (for legal purposes) an accident occured, the driver was required by law to stop and provide details, to not do so was an offence of failing to stop (and assuming he didn't report it to the Police, failing to report as well!), so hard to see how you getting those details could be considered obstruction.

PC sounds like a Moron, I would complain.

bails87

As above, idiotic/incompetent/lazy PC. Complain, go over his head. Most police forces have a twitter account, use that to try to get a more senior contact. Where I work there's a "Chief Inspector responsible for uniform policing". There'll be someone with a similar title in your area. Go to him/her if possible. Or the IPCC, but try with the force first, they can review it and do something.

I've been told by police that:

-There was "nothing wrong" with the way a car that clipped me as it overtook was being driven. The driver then got out, knocked me over and punched me in the face several times because he thought I'd hit his car rather than the other way round. He was asked to write a letter saying sorry because "we can't afford for stuff that isn't serious, like this, to go to court".

and

-"if you get hit by a driver who's using a mobile phone then that's just the risk you take because bikes aren't always visible".

tarquin_foxglove

Some good advice here (as expected & much appreciated).

I've called the Police Station this morning and found out the details for the guys supervisor and I will write to him today and ask for a second opinion/the original decision to be reviewed.

I'll consider the other options dependent on the result of the Police's DRS.

Cheers again.

tarquin_foxglove

bails87 wrote:

I've been told by police that:

-There was "nothing wrong" with the way a car that clipped me as it overtook was being driven. The driver then got out, knocked me over and punched me in the face several times because he thought I'd hit his car rather than the other way round. He was asked to write a letter saying sorry because "we can't afford for stuff that isn't serious, like this, to go to court".

and

-"if you get hit by a driver who's using a mobile phone then that's just the risk you take because bikes aren't always visible".

I remember the footage of the first incident but hadn't realised the Police response to it, that is shocking in the extreme almost worse than the actual event itself.

I'm amazed you are still riding, incidents like those coupled with the police inaction would be enough to put most people off.

steve6690

bails87 wrote:

As above, idiotic/incompetent/lazy PC. Complain, go over his head. Most police forces have a twitter account, use that to try to get a more senior contact. Where I work there's a "Chief Inspector responsible for uniform policing". There'll be someone with a similar title in your area. Go to him/her if possible. Or the IPCC, but try with the force first, they can review it and do something.

I've been told by police that:

-There was "nothing wrong" with the way a car that clipped me as it overtook was being driven. The driver then got out, knocked me over and punched me in the face several times because he thought I'd hit his car rather than the other way round. He was asked to write a letter saying sorry because "we can't afford for stuff that isn't serious, like this, to go to court".

and

-"if you get hit by a driver who's using a mobile phone then that's just the risk you take because bikes aren't always visible".

I take it he received a caution then ?

patrickf

bails87 wrote:

As above, idiotic/incompetent/lazy PC. Complain, go over his head. Most police forces have a twitter account, use that to try to get a more senior contact. Where I work there's a "Chief Inspector responsible for uniform policing". There'll be someone with a similar title in your area. Go to him/her if possible. Or the IPCC, but try with the force first, they can review it and do something.

I've been told by police that:

-There was "nothing wrong" with the way a car that clipped me as it overtook was being driven. The driver then got out, knocked me over and punched me in the face several times because he thought I'd hit his car rather than the other way round. He was asked to write a letter saying sorry because "we can't afford for stuff that isn't serious, like this, to go to court".

and

-"if you get hit by a driver who's using a mobile phone then that's just the risk you take because bikes aren't always visible".

I remember the footage well. Absolutely shocking response. Turn it around and I guarantee they'd have done something. Too cynical? Perhaps. Still, how can they excuse assault like that? Police officers don't take too kindly to that sort of assault on them, so why do they think it's acceptable with other members of te public?

bails87

steve6690 wrote:

I take it he received a caution then ?

Nope. Nothing. If he does it again he might get a caution.

patrickf wrote:

I remember the footage well. Absolutely shocking response. Turn it around and I guarantee they'd have done something. Too cynical? Perhaps. Still, how can they excuse assault like that? Police officers don't take too kindly to that sort of assault on them, so why do they think it's acceptable with other members of te public?

I know. Pretty sure if anyone did that to a PC then they'd be in a spot of bother.

Smiler1968

The Rookie wrote:

As (for legal purposes) an accident occured, the driver was required by law to stop and provide details, to not do so was an offence of failing to stop (and assuming he didn't report it to the Police, failing to report as well!), so hard to see how you getting those details could be considered obstruction.

PC sounds like a Moron, I would complain.

No, sorry this is not a reportable accident. Incidentally you only need to report it to the police if it is an injury accident ( or if you have stopped but cannot ascertain the interested party - for example you hit and damage a parked and unattended car at 2am and nobody is around). You should report it as soon as practicable and in any case within 24 hrs.

The Rookie

Rubbish......

If there is no stop and exchange then it has to be reported, there was no stop and exchange so it had to be reported, nothing to do with injuries.

bails87

Ha, I was told by the 'desk sergeant' (actually a G4S/Serco jumped up security guard) at Solihull police station "it doesn't matter that you've just been the victim of a hit and run, if you're not seriously injured then the driver has done nothing wrong. Oh, and you're the second cyclist who's been in this week saying the same thing." He refused to go and check with a real officer, so WMP let another one slip through the net :roll:

slowbike

To which it would be really tempting to reply ...

"So if I punched you in the face, if you didn't have a bloody nose then you're not seriously injured and I haven't done anything wrong ... "

At which point you'd be arrested ..

Smiler1968

The Rookie wrote:

Rubbish......

If there is no stop and exchange then it has to be reported, there was no stop and exchange so it had to be reported, nothing to do with injuries.

Sorry it's not rubbish. The circumstances as reported do not fit the criteria for a reportable accident. For an accident to be reportable there has to be some damage or injury.

Section 170 road traffic Act

DUTY OF DRIVER TO STOP, REPORT ACCIDENT AND GIVE INFORMATION OR DOCUMENTS

1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or public place,an accident occurs by which -
(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
(b) damage is caused -
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land