New cycling offences and what they mean in Scotland

Parliament has created four new cycling offences, one of which carries a maximum of life imprisonment. They cover Scotland. But at the time of writing, in September 2026, not one of them is in force, and nobody can be charged under any of them. A lot of the coverage published since the spring misses that.

Section 141 of the Crime and Policing Act 2026 inserts four offences into the Road Traffic Act 1988. The maximum sentences, on conviction on indictment, are:

• Causing death by dangerous cycling carries a maximum of life imprisonment.
• Causing serious injury by dangerous cycling carries a maximum of five years' imprisonment, a fine, or both.
• Causing death by careless or inconsiderate cycling carries a maximum of five years' imprisonment, a fine, or both.
• Causing serious injury by careless or inconsiderate cycling carries a maximum of two years' imprisonment, a fine, or both.

The Act received Royal Assent on 29 April 2026.

Royal Assent is not the same thing as a law taking effect. Acts often come into force in stages. A minister makes a commencement order switching individual sections on.

That happened for parts of this Act. The Crime and Policing Act 2026 (Commencement No.1 and Saving Provision) Regulations 2026, made on 25 June 2026, brought a long list of provisions into force on 29 June 2026, covering anti-social behaviour powers, firearms, protest offences, police powers and more.

Section 141 is not on that list. It was left out. On legislation.gov.uk the section is still marked "Prospective", meaning it is on the statute book but not yet operative. A further commencement order is needed before any of the four offences exist in practice, and none has been made.

So if you read that cyclists now face life sentences, that is wrong today. They will, once the section is commenced. Not before.

The Act sets out both tests in plain terms.

Riding is dangerous where it falls far below what would be expected of a competent and careful cyclist, and where the danger would be obvious to such a cyclist.

Riding is careless where it falls below that same standard. That is riding without due care and attention. Inconsiderate riding is judged on whether other people were actually inconvenienced by it.

That single word, "far", is what separates careless from dangerous. Where someone has died, it also separates a maximum of five years from a maximum of life.

This is not an England and Wales measure that happens to get mentioned up here. Section 141 extends to England, Wales and Scotland, and the government's factsheet says the reason is consistency in offences and penalties across Great Britain.

Because Scotland has its own criminal law, the Act defines "serious injury" twice. In England and Wales it means physical harm amounting to grievous bodily harm. In Scotland it means severe physical injury. Same offence, Scottish terminology.

The government's own factsheet points out that bad cycling is already a criminal offence. What section 141 adds is not the criminalisation of dangerous or careless riding, but specific offences for when that riding causes death or serious injury, with much heavier maximum sentences attached.

The factsheet describes the existing fallback prosecutors have had to rely on: wanton and furious driving, under section 35 of the Offences Against the Person Act 1861, where bodily harm is caused by a cyclist. Maximum penalty, two years.

If a cyclist hits you, the practical steps have not changed. Report it to the police, get details, get medical attention, keep a record of what happened and what it has cost you. Our cycle accident claims page covers what we can take off your hands from there, and you can start a claim at any point.

Nothing you need to do differently today. Riding dangerously or without due care is already a criminal offence. What will change, when section 141 is commenced, is the scale of the consequence if that riding kills or seriously injures someone.

No. This is where people get muddled.

A criminal prosecution and a compensation claim are two entirely separate processes. A prosecution punishes someone. It does not pay you. A civil claim is what recovers your losses: your injury, your damaged vehicle or bike, your time off work.

Those two tracks run independently. You do not need anyone to be charged, prosecuted or convicted before you can claim, and a conviction does not automatically produce a payout either. Whether a new offence exists on the statute book has no bearing on your right to be compensated for someone else's negligence. Our guide to cycling accident claims in Scotland goes through how those claims actually run.

Scottish Accident is a claims management company, not a law firm. The above is a plain summary of what the Act says and where it currently stands, not legal advice. If you need advice on a criminal matter, speak to a solicitor.

If you have been hurt in an accident involving a cyclist, or as a cyclist, you can start your claim here or call us on 0141 258 2030.

• Crime and Policing Act 2026, section 141
• Crime and Policing Act 2026: dangerous cycling offences factsheet (GOV.UK)
• The Crime and Policing Act 2026 (Commencement No.1 and Saving Provision) Regulations 2026 (SI 2026/689)