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17 November 2017 / Alec Samuels
Issue: 7770 / Categories: Features , Profession
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Protecting the pedestrian

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Alec Samuels addresses an irresponsible minority & lays down the law for safer pavements

The pedestrian on the footway needs protection from the unlawful or irresponsible cyclist and mobility scooter driver. The pedestrian has been intimidated, knocked down and injured. The pedestrian may be a child, an old person, a disabled person, indeed anybody. Abuse of the footway is rife, albeit by a minority of irresponsible people.

Careless cycling is an offence (Road Traffic Act 1988 s 29, penalty level 3 fine), and dangerous cycling is an offence (Road Traffic Act 1988 s 28, penalty level 4 fine). Doing or causing to be done bodily harm by wanton or furious driving of any carriage (which includes cycle) is an offence (Offences Against the Person Act 1861 s 35, penalty maximum two years).

Charlie Alliston who caused the death of a pedestrian on the carriageway by wanton or furious driving of an unroadworthy cycle was convicted not of manslaughter but of the Offences Against the Person Act 1861, and sentenced in September 2017 to 18 months

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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