A cyclist has escalated his complaint to the PIRC after a significant delay by officers led to hit-and-run case being ‘Time Barred’ when it landed on the desk of prosecutors.
According to the cyclist, Alan Myles, the Police Investigations and Review Commissioner told him that because Police Scotland haven’t responded they are unable to intervene.
As a result the dangerous motorist who is a threat to vulnerable road users is still on Scotland’s roads after escaping prosecution.
The incident happened on Tuesday November 30, 2021, at 9.15am on the A891 Strathblane Road in Lennoxtown, East Dunbartonshire.
Police Scotland are facing criticism after it took officers more than 12-months to submit the report to the Procurator Fiscal who immediately threw the case out on December 11, 2022.
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In correspondence to Mr Myles, more than two-months later (February 24, 2023) the Fiscal said: “I am afraid I have no discretion and my hands are tied, I am required to mark the case ‘no action, time barred on receipt’ – maybe you wish to inquire with the Police why it took so long to report this matter to me.”
It is claimed that the lead officer took more than six-months, (190 days) to open the email that contained that camera footage, that was sent as requested on the afternoon of the incident and failed to contact the only two witnesses.
Alan Myles, 36, re-shared the footage online on Friday (09/06/2023) which has now been viewed over 1.5 million times, shared 8,500 times, and attracted over 750 comments.
He wrote: “Three months on from my formal complaint to Police Scotland and 18 months since the driver did this.
“Still no response, and I am still expected to share the road with him and others like him – 10 pedestrians / cyclists have been killed by vehicles in Glasgow this year.”
Mr Myles submitted an official complaint to Police Scotland on March 8, and escalated the complaint to the Police Investigations and Review Commissioner last month after the force failed to reply.
Front and rear footage that captured the collision appears to show evidence of the vehicle being driven towards the cyclist in a section of roadworks near to the Clachan of Campsie turning.
The front nearside of the black Mercedes C-Class first struck the leg of the cyclist, followed by the rear wheel and knocking him off onto the road – writing off the custom built £2,000 bike.
He suffered severe cuts and bruises to legs, backside, elbow, and neck leaving him ‘unable to sit down for a week’.
Despite being pursued by one of the witnesses the driver fled the scene at speed through a neighbouring village.
Officers initially decided that the charge should be dangerous driving but were unable to trace the accused at home.
As weeks turned into months and around 30 phone calls later in March 2022, Alan finally got an update from officers.
He was told that the accused had no recollection of the incident, therefore officers were only able to charge him with the lesser offence of careless driving.
In June 2022, the driver’s insurance company accepted 100% liability and paid out an undisclosed amount for the bike and personal injury – a read receipt was received for the email sent to Police in November 2021.
Mr Myles who works as a charity worker, claims that since the collision the same driver has close passed him on at least five other occasions, forcing him to change route causing him distress and inconvenience.
Police were unable to provide an explanation for the delays in the investigation or why the report was not submitted within the timescale required by law.
A Police Scotland spokesperson said: “Around 9.25am on Tuesday, 30 November, 2021, we received a report of a hit and run on Glen Road, between Lennoxtown and Milton of Campsie.
“Enquiries were carried out and a 55-year-old man was charged in connection with the incident.
“A report was submitted to the Procurator Fiscal on December 11, 2022.
“Any member of the public who has any complaints about Police Scotland can contact us by visiting our website – www.scotland.police.uk, or calling 101.”
A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: “The charges in this case were time-barred upon receipt of the report from Police.
“The number of cases which we receive which are time-barred on receipt form a very small proportion of those reported to us.
“COPFS hold regular liaison meetings with the police where improvements which can be made in reporting are discussed.”
In 2022 there were 147,637 cases reported to COPFS, and only 726 were marked ‘Time Barred’ on receipt representing just 0.49% of cases – it is not known how many of these relate to motoring offences.
Myles is currently working with charity Cycling UK, they both would like to see an online dash cam portal created for Scotland, with dedicated officers and resources to ensure that mistakes like these don’t happen again.
A Scottish Government spokesperson said: “The Scottish Government recognise the potential impact that the National Dashcam Safety Portal (NDSP) may have on Scotland’s road safety performance by positively influencing improved road user behaviour.
“We have been discussing the importance of delivering this initiative with Police Scotland and they are currently reviewing the project’s timings as part of their wider planning for 2023/24 and beyond. All partners remain committed to delivering this important road safety initiative.”
Edmund King, AA president, said: “The clip appears to show atrocious driving that certainly does not comply with passing distances in the Highway Code.”
Dangerous driving carries a mandatory penalty of a 12-month driving ban and offenders will have to re-sit an extended driving test.
Police can issue a fixed penalty of £100 and 3 penalty points for careless driving, you can choose not to accept this and go to court, however you may then receive between 3 and 9 penalty points and a fine up to £5,000.
