A visit to the Magistrates Court
On 14th February 2023 at 08:35 I was cycling to work. The sky was grey and it was drizzling. As I was reaching the northern extents of Hallow an HGV was approaching in the other direction. As the lorry got closer someone driving a car took a chance to overtake me in advance of lorry. It was a bad decision; to avoid a head on collision with the lorry the driver left no where near the required 1.50m when overtaking a cyclist, and had to angle their vehicle towards the kerb.
To say it was an unpleasant experience is an understatement. As a result of a number of meetings with West Mercia road safety team to discuss how we can make Worcester's roads safer for those of us choosing to travel by bike, I was persuaded several years ago by West Mercia to use a camera when cycling, and to start reporting observed illegal driving. I duly reviewed the footage that evening, and submitted the video with a brief statement to West Mercia's Operation Snap portal. Based on my experience with similar submissions, my expectation was that the incident would be taken seriously, and the driver would receive a Notice of Intended Prosecution (NIP), and would be offered a choice between an educational course or a fine. Watching the video I think I anticipated the incident (I would have heard the car approaching at speed from behind), and move closer to the kerb at the last second.
Somewhat surprisingly, at some point in the autumn of 2023 I received a letter advising I was required as a witness at Worcester Magistrate's Court. The documentation advised the driver was David Sedgwick, and I assumed he was challenging the charge, which seemed surprising giving the video evidence.
On the 6th November 2023 I arrived at the courts, passed through security, and was greeted by the amazing volunteers from the Citizens Advice charity (a friendly face to explain the court processes, and direct the witnesses to the witness waiting room). After about 2 hours I was notified the case would be adjourned; the defence had only just seen the video evidence. During a brief conversation with the prosecuting solicitor he advised the evidence was compelling, and his expectation that the magistrates would find the defendant guilty at the future hearing.
The case was rescheduled for the afternoon of the 11th January 2024. Again I arrived at the courts, and was directed to the waiting room. The prosecuting solicitor advised the court had received some correspondence, and this was being considered by the magistrates. After about an hour the solicitor advised the defendant had emailed a guilty plea the day before which had been accepted by the magistrates, so I was no longer needed as a witness. I could go home, or wait until later in the day when the magistrates would provide a sentence based on the video evidence. Given my interest in the process, I sat in the public gallery and watched an unrelated case.
Eventually my case was presented to the magistrates by the prosecuting solicitor, and those present in the court watched the video evidence. It was interesting to see the reaction to the video by those present.David Sedgwick pleaded guilty to the charge of 'driving without due care and attention', and received 3 penalty points on his driving license and was directed to pay a reduced (due to the guilty plea) sum of £937 (fine and costs). During the sentencing it was stated that in a previous statement Dave Sedgwick had no recollection of the incident.
So what do I make of all of this? The Citizen Advice folk are amazing; I can't believe this is a role provided by volunteers. The justice system in its entirety seems to be inefficient; even given this single case I'm surprised it takes nearly a year for the case to be resolved. I'm surprised that defendants aren't given access to the evidence when they're initially contacted by West Mercia. And I guess I'm a little disappointed I didn't get to see David Sedgwick watch the video with the rest of us in court. The fact he had no recollection of the event is interesting. I wonder if this would of been the case if he'd been riding my bike?
Do I want people to get points and hefty fines? Absolutely not. My preference would be to click my fingers and have everyone drive to test standard. All the time. This would dramatically reduce the number and severity of road traffic collisions (RTCs), which result in destruction, injury and death every day on UK roads. More importantly it would reduce the perception of risk, notably when riding a bike, which should enable and encourage more people to chose a bike for more journeys.Unfortunately I don't have any magical powers, so the finger click isn't an option. So I remember what one of West Mercia's police officers said to me at our first meeting: 'If you care about road safety, and want to reduce danger on our roads to enable more people to cycle, using a camera and reporting illegal driving is the only way you can make a difference'. So I'll continue to travel by bicycle, and like many other people, will do so with a camera attached to my handlebars. Operation Snap submissions by Bike Worcester volunteers are mapped here.
I witness illegal driving every time I walk, cycle or drive, thousands of incidents a year. In addition to close passes, it includes mobile phone use, speeding, tailgating, illegal parking, ignoring traffic lights and signs, not to mention those driving under the influence of drink or drugs, uninsured or disqualified drivers, and those driving cars with VED or MOTs. These activities increase the risk of RTCs. As a society we simply tolerate this behaviour, and seem to accept RTCs and the associated injury and death as an inevitable outcome which is worth it to accommodate our 'right' to drive a car. It doesn't have to be like this.My advice to all of us who drive a motor vehicle? Drive to test standard.
Finally, would it be possible to get some bicycle parking at the courts?
