Cyclists who kill pedestrians could face tougher prison sentences

File image of cyclists in London
File image of cyclists in London
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Cyclists who kill or maim pedestrians could face tougher prison sentences as the Government considers backing plans put forward by Sir Iain Duncan Smith.

The former Tory leader was locked in talks with Mark Harper, the Transport Secretary, on Tuesday night over whether the Government would support his proposals to tackle dangerous cyclists.

Mr Harper previously said he had an “open mind” on the issue.

However, Sir Iain believes that even if the Government does not back him, he has enough support to force the new law through.

He has put down a series of amendments to the Criminal Justice Act which could be debated on Wednesday.

Under the amendments, cyclists who kill and maim pedestrians by riding dangerously or carelessly would face harsher prison sentences, similar to those imposed on motorists.

His negotiations with Mr Harper could see the Government put forward its own amendment to increase the punishments handed out to dangerous cyclists.

Sir Iain Duncan Smith, pictured in London in April 2021
Sir Iain is hoping to close a loophole in the law - Anadolu

Any government amendment is likely to be introduced in the Lords later this year, with Conservative support meaning the new law would come into force.

A Westminster source said: “There is general acceptance around the House of Commons that this should be done: the only question is how it should be done.”

Sir Iain is hoping to close a loophole that has meant cyclists who hit and fatally injure people are only charged under a Victorian law intended for riders of horse-drawn carriages.

Under current legislation, a cyclist who kills while riding recklessly or dangerously can be jailed for a maximum of only two years under an 1861 law for “wanton or furious driving”.

In contrast, motorists face a life sentence if charged and convicted of causing death by dangerous or reckless driving.

Mark Harper, the Transport Secretary, on his way to a Cabinet meeting in Whitehall on Tuesday
Mark Harper, pictured on Tuesday, is considering the proposals - Martyn Wheatley / i-Images/i-Images Picture Agency

Sir Iain’s amendments would see the creation of an “offence of causing death or serious injury by dangerous, careless or inconsiderate cycling”, as well as an offence of killing someone through “inconsiderate” cycling.

The amendments would also require a bike to be “equipped and maintained” to standards set out in the Act.

Mr Harper has stressed that the Government remained committed to promoting its Active Travel schemes, which are meant to promote cycling, walking and public transport.

Earlier this month the Telegraph revealed how a speeding cyclist doing timed laps in London’s Regent’s Park was involved in a fatal collision with an 81-year-old woman but could not be charged with any criminal offence.

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