Police take no action against moped rider caught on camera kicking out at cyclist's bike

The leaked email a little while ago said all you need to know, " bump up the troops targets for a few weeks" or words to that effect. If you have that culture in an organisation nothing will get done that isn't this weeks issue.

"no independent witnesses"

But there was an independent witness, the guy on a bike who caught up and asked what happened. How would you go about finding him?

By the way the link to the full video isn't working but you can see a video in the original article:
http://bit.ly/1fTK0G5 (don't worry it's on road.cc).

Who do we write to, met, CPS or the local station, any details from the response?

Shocking, but given its the Met I can't say I am at all surprised. The victim should appeal the decision and complain and get some public pressure built up. I can't re-watch the video (too much traffic!) but I did watch it the first time it got published. From memory its clearly a kick at a cyclist on a busy road. This is not a heated exchange that was six of one half a dozen of another before both parties went their seperate ways, it could of ended horribly if the rider had become unsaddled.

Two offences spring to mind; Causing Danger to Road Users which fits the circumstances but is not an offence often considered (and should be) and dangerous riding. You've also got a threatening behaviour and had the rider become unsaddled and got injured (minor through to life-threatening) you'd also have a reckless assault.

So to start with there are three offences he could be interviewed over and this massively increases the possibilty that he could of been convicted of one or more.

This is not the CPS making a decision this time, this is the Police knocking it on the head because frankly they dont think its serious enough and are too busy. Thats the real deal.

There is video footage untainted by human perception and the victims testimony. Video recordings cant alway show the entire incident and sometimes what you think/believe is ocurring on the video is totally wrong, but this video looks simple and clear. That is enough to prosecute. Its disgusting. I am so glad I live nowhere near anywhere where it says Metropolitan. They haven't even interviewed the scumbag on the scooter to record his account. Pathetic. I hope the victim pursues it and gets the justice he deserves.

No matter the inadequacies of the CPS or police the fundamental problem remains the over-use of motorized vehicles and the alienated attitudes of their users. There's a classic Swedish road-safety story (scroll down after intro) which drivers should be made to read before they go out on the road. Car use is too normalized:

http://www.nybooks.com/blogs/nyrblog/2014/jan/31/to-kill-a-child/?insrc=...

"Afterward everything is too late. Afterward there is a blue car stopped sideways in the road, and a screaming woman takes her hand from her mouth, and it’s red with blood. Afterward a man opens a car door and tries to stand on his legs, even though he has a pit of horror within him. Afterward a few sugar cubes are strewn meaninglessly about in the blood and gravel, and a child lies motionless on its stomach, its face pressed heavily against the road. Afterward two pale people, who have not yet had their coffee, come running through a gate to see a sight in the road they will never forget. Because it’s not true that time heals all wounds. Time does not heal the wounds of a dead child, and it heals very poorly the pain of a mother who forgot to buy sugar and who sent her child across the road to borrow some. And it heals just as poorly the anguish of a once cheerful man who has killed a child."

over on Singletrackworld someone posted this link

http://www.independent.co.uk/life-style/motoring/motoring-news/smile-you...

from part way down the article:

"Paul Marshall, Suffolk's deputy chief constable, said: "Increasing use is being made by the public of digital cameras to record evidence of offences which can be used by the police to support prosecutions. This is welcomed by Association of Chief Police Officers as quite often the only evidence available is an eyewitness account which is disputed by the alleged offender."

so expect to see a lot of videos of cyclists riding two a breast and without helmets

I had just the same experience recently with video evidence - here's what Hertfordshire Police wrote to me on 15th October:

"Hello,

Thank you for your submission. Your email has been forwarded to our Process & Collisions department, who deal with this type of incident. I have asked them to reply to you direct.

Regards,

Herts Police"

Then on 17th January:

"I can confirm that this Unit took no action in relation to the allegation of Using a Mobile Phone whilst driving. This is because the driver of the vehicle was not stopped at the time by a Police Officer, was not reported and Cautioned by a Police Officer and the phone itself was not examined /checked by a Police Officer.

I note that you are to be contacted regarding the fact that the driver then wilfully drove at you causing fear and anxiety. When this has been done and the evidence considered a decision will be taken as to what action can be taken against the driver in relation to this incident."

I am still waiting for the phone call.

I suspect that the proliferation of cameras means that the Police don't have the resources to follow up on the evidence submitted to them. Furthermore the CPS pretty much can't be bothered to bring cases. Would not surprise me if many forces are disillusioned with them.

Is it really the case that the police will do nothing unless there is a chance of successful prosecution? At the least, could they not call the scooter riding pillock in for a bollocking and to let him know his appalling behaviour will be kept on record?

Well there's a surprise!

Can't help thinking that he may want to ditch the moped now though, as the reg plate is widely displayed on the interweb.

So just to be clear, I can aim a kick at a police officer and so long as there's no "independent" witnesses, even if it's been recorded on cctv, I won't face prosecution ?

In days gone by this kind of thing would have been dealt with by vigilantes. If the dwindling faith in the police service to bring justice to bear continues further we may see such practices return.

I would prefer that the police have the resources and will to act, though it seems this is only likely to happen when it is one of their own involved - there was no video evidence in this recent case: http://road.cc/107764

This is a ridiculous situation. Without a willingness to even to attempt a prosecution for such a blatant attack, the law is providing no deterrence.

It's a failure of its function to protect the public.

And how vigorous would the police have been had it been a pedestrian? A lot more I suspect. Sorry Met but your actions do little to dispel the motorists' accepted assumption that cyclists are second class citizens.

This is pathetic!

It seems to me, having viewed the video a couple of times, that the very least the police could charge the moped rider with is driving without due care, because he clearly deliberately undertakes the cyclist.

I think most reasonable people would consider his actions dangerous (i.e. dangerous driving) and a less charitable interpretation might, in view of the proximity of nearby vehicular traffic in the outside lane, even amount to attempted murder.

While I accept the latter might be a stretch for the police & CPS to take on, the 3points plus fine of the lesser charge might at least act as a wake-up call to the idiot.

Andy

Does that mean I can go kick a police officer and when that's filmed on shoulder cam expect to avoid prosecution?

Double standards as usual I expect.

It's not just cyclists that the police can't get their act together for

http://www.independent.co.uk/news/uk/home-news/the-shocking-moment-a-man...

Has this been downloaded to youtube? A surprising amount have been and in some cases they have helped promote the case and final action taken (police/councils/government bodies) don't like too much bad publicity.

I have posted above on what I think should have happened (DD Charge ) and more realistically what could have been done by the Met without even breaking sweat. (Careless Driving FPN 3 points and £100) So I am all for going after the guy.

The difference though was that he kicked out toward the cyclist. Now up to the point that he actually connects it's not an RTC and it's not an assault. He may claim that he was making the gesture not trying to kick the wheel. They are different charges.

In the case of a cop with a camera the difference would be this. Kick towards a cop and it would be a public order offence, threatening behaviour. Actually kick the cop and it's assault.

Sentencing wise

Fear or threat of low level immediate unlawful violence
such as push, shove or spit = Low to medium level community order +Band B fine

so it's a threat therefore minimum of that lot.

Assaulting a police officer is a summary offence. The starting point is a custodial sentence 6 - 26 weeks.

When they say lack of independant witnesses... Did they make any attempt to contact the bloke who rode up and discussed it having seen the whole thing?

I'm pleased to see the justified outrage of so many commenters.

How to go forward?

One way MIGHT (I can't say any more than that) is, as Edgeley suggests, is to proceed through the civil courts.

Fingers crossed the mopedist now feels full of spunk and brave? So that he tries and under takes a left turning bus and loses both his legs, I don't wish him dead, just off the roads... Hmmm might be a bit harsh there, ok 1 leg.