THE family of a cyclist killed when he was hit by a lorry have attacked the justice system after learning the driver could escape with a community sentence.

Father-of-two Karl Austin was taking part in a club time trial when he was knocked off his bike by a Mercedes lorry on the A50 in Derbyshire in July.

The 62-year-old driver, Michael Bray, of Nottingham, pleaded guilty to causing death by careless driving at Southern Derbyshire Magistrates' Court, where he is due to appear for sentencing on March 6.

But Mr Austin's family say the restricted sentencing powers of the magistrates mean they will never see justice done.

A crown court can impose a maximum jail term of five years on a charge of death by careless driving, while magistrates' courts have the power to impose a maximum custodial sentence of six months.

Mr Austin's dad Keith, aged 72, from Congleton, said: "We had been led to believe that the case was so serious it would be, almost certainly, heard in crown court.

"We were furious when we found out that it wouldn't be, because we think he will get a community sentence.

"We feel let down by the Crown Prosecution Service. I just don't understand how a person can kill someone and be given a slap on the wrist when people in the riots were given jail sentences for stealing a pair of trainers.

"Justice cannot be done."

The family of Mr Austin, of Bellringer Close, Biddulph, is now writing to the CPS about their concerns.

Mr Austin's 45-year-old widow Linda, with whom he had two children, Simon, aged 24, and Katy, aged 20, said: "We understand that the crown court is reserved for the most serious cases, but it is hard for us to accept that Karl's case doesn't meet that criteria.

"If there is one message we could give to drivers, it's to look out for cyclists. It's easy to be distracted, but that distraction could cost someone their life."

Adam Wilson, a partner at law firm Russell Jones & Walker, who is representing the Austin family, said: "This is an extremely sad case and it is disappointing that the circumstances surrounding it won't be examined by the crown court."

Bob Norton, chairman of the Congleton Cycling Club which 47-year-old Mr Austin was a member of, said: "We can't help but feel that the CPS didn't represent the family adequately."

Whether a case is dealt with in the magistrates' or crown court depends on the seriousness, with the most serious level being where the offender's driving fell not that far short of dangerous.