Close pass case where police told cyclist "maybe you should trade your bike in for a Hummer" ends with conviction

6 points on the driver probably has implications for the company's insurance policies. So he could be barred from driving coaches with the company.

Not a bad outcome.

Also there is now case law from the Northern Ireland case for dangerous driving when making a close pass.

R V KELLY dated October 2019 from Omagh appeal Court

Riders should quote this of the police, if they fail to take close passes seriously

Surely a mis-quote from the 'transport director'?

'I don't know what happened at court, but we'll appeal regardless' sounds ridiculous! 
 

Having said that, well done to the OP for persevering.

The transport director must be lying.  How would the Police have obtained the drivers details without contacting the company to know who was driving?

"Transport director George Young coaches said the company was unaware of anything relating to the conviction but was nevertheless planning to seek an appeal against it."

I would have thought that the transport director would want to make himself aware of the circumstances surounding the conviction before deciding to make an appeal. Unless he considers that cyclists have no right to be on the roads so therefore no offence could have been commited. 

Anyone can appeal their conviction if they feel that they have not been served correctly through the Judicial system.

This is then heard in the Appeal Courts, or the same Court that the first hearing was made.

The Police and CPS attend to present the original evidence and a lawyer from the other side.

the Judge then looks over the evidence and makes a decision if there was any irregularities with the evidence presented from both sides and the decision made by the presiding Magistrate/Judge who made the original sentence.

If he/she agrees with the Defendant and the original sentence is altered or quashed, then the Police and CPS can counter appeal and that is the last time it can go before this type of Court, as it then goes to the Supreme Courts in London.

Its a simple matter and in reality - lots of appeals are heard for all offences across the board each day.

Hope that helps.

p.s.

Your correct about the NIP - would have gone to the firm to get the drivers details, so they must have been aware.   Ignorance is not an excuse.

Which court would the appeal go to and can one appeal?

The NIP would have gone to the company's registered address and the follow up letters, so how can he plead ignorance?

Good result.

As I have explained before - if you are insistant that a close pass - is Dangerous and the footage is good, then make a formal complaint to the Duty Inspector, if your matter is filed.

The work load of Officers is vast and they have to cherry pick to get the results that they can win at Court as both the CPS and Police are driven by the numbers game.

Hopefully, the appeal will win, and the Police will pick up the case.

However - the standards that are required to present the case at Court are very high from the CPS ( they must have a more than realistic probability of conviction to send it to Court) so that is the reason most cases do not proceed - its not always the Police fault.

Remember - what you believe is an offence and dangerous - might not be in the eyes of the law, in these cases its the law that matters and how the law is presented.   Laws are written by barristers and passed by MPs through Parliment - the Police only use the Laws to present cases at Court through the CPS.

It would help matters though - if the Police had dedicated officers who actually have knowledge of cycling themselves, to act as the investigative officer for that Force.

However - money and man/woman power is at a shortage so you get any investigative officer with over 30 reports in his in box each day looking at your report, and he might not be favourable if he does not have the feeling of being a victim of a close pass himself.

remember also -

You can always do a civil law suit against anyone - the balance of probabilities at Civil Court is far lower than a Criminal Court. (evidence needed for a conviction).

Seek legal advice first, and then have a go.

Next police will be telling victims of assault they should have taken up boxing.

Quote:

Is Mr Young a suitable person to be running a company with responsibility for public safety?

Maybe something to bring to the traffic commisioners attention at the next operating licence renewal for Youngs Coaches?

"Transport director for the company Kevin Young said the company was unaware of anything relating to the conviction and planned to seek an appeal against it."

Wow!  Has Mr Young not seen the footage?  If I was running a transport company and an employee was taking to court for a driving offence in one of my vehicles and they didn't tell me, their future with my company could be measured in nano-seconds.   Is Mr Young a suitable person to be running a company with responsibility for public safety?

Well done to the police for taking it seriously and obtaining the conviction, and I'm sure the original officer will have changed his behaviour.