2011-02-02 - Rider Down/Fatality, Kingsland Road/Dalston Junction (London)

Not having this go to trial is a really shitty outcome. Reading the articles though, I'm more concerned about where the breakdown in process is. From recent experiences with the CPS - they will only prosecute if they think they have pretty strong grounds for getting a conviction - hence I'm a bit confused by the Standard articles as to whether the original charge was to be Dangerous Driving or Careless Driving. There's a big difference.

Did a lack of evidence dictate the downgrading of the initial charge from Dangerous to Careless, as it also appears that a lack of evidence caused the CPS to pull the plug completely. This speaks to me that the problem here is the failure to collect all relevant evidence from the scene, leaving the CPS with nothing to argue a case for?

This is so similar to the case of poor Anthony Maynard.. http://www.getreading.co.uk/news/s/2040153_anthony_maynards_father_questions_cps_decision

CPS have been unfit for purpose for so very long.

The coronial system is a joke. Gutted to hear about this. R.I.P.

Further info from the Cycling Lawyer blog

http://thecyclingsilk.blogspot.co.uk/2012/06/british-cycling-calls-on-lord.html

An application for JR of the CPS decision might be feasible but would need to be brought as promptly as possible, and in any event within 3 months of the decision.

A person or body would need to have sufficient interest in the case to bring the application - it could be a cycle campaign group, for example. Standing would be arguable given the strong public interest. Or a member of Dan's family, if they wanted to, might be able to apply on his behalf; in which case they might be eligible for legal aid to help fund it.

Bringing a JR of a CPS decision not to prosecute is very difficult. There is a wide discretion afforded the CPS, for obvious reasons, and as such there would be a high risk of having to pay the CPS's costs in defending the case. There might be enough interest to get the application costs done on a pro bono basis if legal aid isn't an option. I would be interested in helping. But paying CPS costs would always be a big risk.

At the very least forcing the CPS to defend the decision might lead to more clarity on how they are making these decisions.

Sorry for diverting the thread.

RIP Dan.

In the meantime perhaps everyone could give them some negative feedback:
https://www.cps.gov.uk/contact/feedback_and_complaints/feedback_and_complaints_form/

if someone well read up on the case would like to step up, it would be advantageous to write something up and campaign to post identical feedback to their system.