Sunderland cyclist punished in court using 200-year-old law

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A cyclist who rode without lights on a pavement at night was dragged before the courts under a pre-Victorian law.

Jake Robson, 36, was prosecuted under near-200 year old legislation introduced to deal with obstructions caused by horse riding, cattle and moving carriages.

Robson, of city centre Trinity Square, should have been told to “get off his bike” and get on his way by police and not punished, his incredulous solicitor told a court.

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Instead, he was charged with causing common danger by riding a pedal cycle in the hours of darkness with no illumination, contrary to the 1835 Highway Act.

He was also taken to task under the same act for riding a pedal cycle on a footpath set aside for pedestrians on Tuesday, April 30.

His third and final offence – using a pedal cycle without front and rear lights on a road at night – was prosecuted under the 1988 Road Traffic Offenders Act.

Prosecutor Paul Coulson told South Tyneside Magistrates’ Court: “Police were on duty between 2am and 2.30am and dealing with another incident.

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“They observed the defendant in Villette Road and in that period, they observed the defendant on a pedal cycle on three occasions.

“He was observed not to have his lights on despite the hours of darkness. That’s the set of circumstances in a nutshell.”

And Mr Coulson told magistrates: “I think you’re looking at a nominal fine at best.”

Robson, who has 18 previous convictions from 34 offences, the last in 2010, pleaded guilty to all three charges.

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Ben Hurst, defending, claimed police had in fact helped Robson back onto his bike after initially stopping him.

He added: “This is somewhat unique, potentially, and strange the way he appears before the court. He has pleaded guilty.

“He was on a bike at night and without lights on. It was dark but there were lights on in the street.

“Unfortunately for Mr Robson, officers were there, and they took his name. Officers didn’t take any action for 18 days.

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“If the police had told him to get off his bike that night, he would have.”

Magistrates sentenced Robson to a six-month conditional discharge, with a £26 victim surcharge.

They told him he had committed an 'unusual' offence’, which “we don’t usually get at this court”.

The 1835 act, introduced two years before Queen Victoria ascended the throne, also deals with riding a horse and cart without anyone to guide it and not keeping to the left side of the road.

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