What if the police win their appeal? Could it be the end of this Critical Mass, after 12 years of monthly rides, or the beginning of a strategic rebellion?
At the start of last night’s ride Des Kay, who originally took the Met police to court, reported on the progress of their appeal. He said it is not looking good as the police are using a high powered lawyer. The police want the ride to be treated as a regular public protest with a fixed route and organisers. Of course, cyclists are not going to stand for this and Des asked for discussions on possible strategies in the event of the appeal succeeding. The result of the appeal could be soon or take several weeks more.
Police are still warning riders with sound systems not to play them within the SOCPA zone and are asking for their names and addresses but take no action when this request is refused. They also video the sound system people.
Previous court decision http://www.criticalmasslondon.org.uk/2006/sedley.html
Website http://www.criticalmasslondon.org.uk/
Legal comment below:
Its not unlawful to go on a bike ride!
If a group of people decide to go for a bike ride for leisure purposes only, it is not unlawful.
The bike ride can only be subject to requirements of written notice and possible restrictions if it falls within Section 11 of Part II of the Public Order Act 1986, which deals with processions and assemblies. It states:
“11. Advance notice of public processions
(1) Written notice shall be given in accordance with this section of any proposal to hold a
public procession intended:
(a) to demonstrate support for or opposition to the views or actions of any person or body
of persons,
(b) to publicise a cause or campaign, or
(c) to mark or commemorate an event,
unless it is not reasonably practicable to give any advance notice of the procession.”
The police would have to show that there is a ‘collective intention’ to the bike ride which brings it within the categories (a), (b) and (c) of Section 11 (1).
A regular bike ride for ‘leisure purposes’ only, taking a variable route, would not fall within those categories. If an isolated individual or number of individuals decided spontaneously and separately to decorate their bike or bodies to make any specific point falling within the above categories, so long as it was not the ‘collective intention’ of the group as a whole to do so, the ride would not be brought within the requirements of Section 11 (1).
So the ‘South Bank Cycling Club’ or whoever, just needs to make it clear in any publicity or in any communication that the intention of the ride is for leisure purposes and not for demonstration, publicity or commemorative purposes.