Some of you might have seen that Wiltshire Police got back to us last night with a statement on the video of a driver punching a Swindon Wheelers member and knocking another to the ground with their car. The driver was handed a caution...which the police force said was in line with national policy.

The reaction has continued to roll in, with many even more bewildered by the case having heard Wiltshire Police's official line. Chris on Twitter questioned the "no injury" claim: "A black eye isn't 'no injury', even ignoring all the other offences committed (as @wiltshirepolice appear to be)."

Dee McCrossan compared placed the driver's actions in a different context and questioned if the outcome would have been the same..."Crazy. If someone throws hands like this outside pubs/clubs they get charged with assault...Not to mention the assault with a vehicle on his partner...beyond words."

https://road.cc/content/news/cycling-live-blog-14-september-2021-286323#live-blog-item-27753

On 14/09/2021 11:06 am, swldx...@gmail.com wrote:

> Some of you might have seen that Wiltshire Police got back to us last night with a statement on the video of a driver punching a Swindon Wheelers member and knocking another to the ground with their car. The driver was handed a caution...which the police force said was in line with national policy.
>
> The reaction has continued to roll in, with many even more bewildered by the case having heard Wiltshire Police's official line. Chris on Twitter questioned the "no injury" claim: "A black eye isn't 'no injury', even ignoring all the other offences committed (as @wiltshirepolice appear to be)."
>
> Dee McCrossan compared placed the driver's actions in a different context and questioned if the outcome would have been the same..."Crazy. If someone throws hands like this outside pubs/clubs they get charged with assault...Not to mention the assault with a vehicle on his partner...beyond words."
>
> https://road.cc/content/news/cycling-live-blog-14-september-2021-286323#live-blog-item-27753

Punching someone and delivering a "black eye" does (often) constitute
the offence of "assault occasioning actual [ie, minor] bodily harm".

But not always. It will depend on the circumstances. If the punch is
landed as part of a self-defence or in attempt to prevent a theft or
criminal damage, for instance, that will probably not be classed as an
offence at all (for obvious reasons).

That's not to say that "actual bodily harm" is "negligible bodily harm",
but if every potential case of AOABH went to court, the courts would be
overwhelmed. I dare say that the police policy is aimed at not rewarding
the person or persons who "started the fight".

On Tuesday, September 14, 2021 at 11:06:11 AM UTC+1, swldx...@gmail.com wrote:

Carior | 57 posts | 1 hour ago
3 likes

Sorry but a black eye isn't "common assault" its ABH. So that's problem one.

Problem two - this clearly isn't common assault - there's a strong argument for aggravated assault. That requires the person to have intended to cause serious harm. Well, close passing, brake checking, leaning out of a moving vehicle and repeatedly attacking someone and pulling them off their bike would suggest that, at the very least, there's a potential case to answer - even though a jury would no doubt conclude that even if he fully intended to cause harm, those pesky cyclists deserved it so it's fine.

Honestly, they really need to put the spade away.

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eburtthebike replied to Carior | 2358 posts | 1 hour ago
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With all those contributing factors, this looks more and more like corruption rather than incompetence; no police force could be that incompetent surely?

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Secret_squirrel replied to eburtthebike | 1288 posts | 1 hour ago
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Occams razor applies. Officer made poor on the spot decision but his management have to be seen to be supporting him. (if it was a him).

I'm betting there's a senior rozzer wishing for a time machine right now. Or one wishing those pesky woke cyclists will go away. 50/50 either way.

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Secret_squirrel replied to Carior | 1288 posts | 1 hour ago
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I was going to quibble and say it was only a bruise - but googled instead 4

Definition - from a Solictors, not the rozzer's - so bear in mind its probably the "textbook" answer. https://www.afglaw.co.uk/common-assault-abh-and-gbh/ (link is external)

What is actual bodily harm (ABH)?

Actual bodily harm occurs when harm is caused to a victim’s body. The harm doesn’t have to be serious, but it does need to be more significant than a slap or shove. Bruises or scratches as evidence would qualify as ABH.

ABH contains more intention to use unlawful force. The offender only needs to use unlawful force, even if they do not intend to do harm, for the offence to be classed as ABH. For example, if someone is pushed and they fall and bruise their arm, this is ABH as the offender’s intent was to use unlawful force rather than cause injury.