It appears that participants in the the long established monthly London Critical Mass cycle rides, which have been happening on the last Friday of the month, every month for at least the last 10 years, are now being threatened with the Serious Organised Crime and Police Act Designated Area powers.
An email correspondent writes:
"Hi,As a reasonably regular participant in London Critical Mass (for info please
look at http://www.criticalmasslondon.org.uk/) I was present last Friday evening at the starting point outside the NFT on the south bank.The cycle police (who regularly ride with us as an escort) presented many
of us with a letter, which I've enclosed below. I fear this is another attempt
to use the SOCPA to suppress lawful activity.I'd appreciate it if you would highlight this incident on your blog. I've given
the a link to your site in an email to the critical mass london mailing list. I hope
there may be some cross support between participants of CM and your picnics in parliament square.Yours in support,
-- .
Letter from the police:
Metropolitan Police Service CO11 Public Order Branch New Scotland Yard Broadway London SW11 OBGYour reference: -
Our reference: -
Date: 29/09/2005
Critical Mass Cycle Demonstrations
Organisers of public processions are required by law to notify police at least 6 days before the event occurs of the date, time, proposed route and the name and address of an organiser. Failure to do so makes the event unlawful
Since when is a group of people on bicycles a "procession" rather than road traffic ?
Processions are regulated by sections 11 to 14 of the Public Order Act 1986 (the text of which has still not yet been made available online by the Office of Public Sector Information, which used to be Her Majesty's Stationary Office (HMSO))
The Public Order Act 1986 does mention the proposed routes of any procession or march.
Demonstrations within a designated area around Parliament must also be notified, and anyone taking part in an unauthorised demonstration commits an offence.Police can impose conditions on processions, demonstrations and other assemblies, and participants render themselves liable to arrest if they fail to comply with those conditions.
The controversial sections 132 to 138 of the Serious Organised Crime and Police Act 2005 - see the links on the righthand of the main page of this website.
The Serious Organised Crime and Police Act 2005 does not specifically mention the proposed routes of any "demonstration".
In fact, the Metropolitan Police seem to be in a quandry about what exactly constitutes a "demonstration" under the SOCPA, which is not specifically defined in the wording of the Act.
Some of their correspondence to us appears to suggest that only "static demonstrations" fall under this Act - which would obviously not therefore apply to a moving Critical Mass bike ride.
These cycle protests are not lawful because no organiser has provided police the with the necessary notification.
Whoahh ! Hold on there a moment ! It is not up to any Police Officer to decide what is lawful and what is not - that is a function of the Judicial system and the Courts, not the Police.
If they have a "reasonable belief" that the law is being broken, they may arrest someone, and they may press charges, but the Police are not yet Judge Dredd style law enforcers, judges, juries and executioners rolled into one - although, astonishigly, Sir Ian Blair , the Commissioner of the Metropolitan Police seems to be babbling on about moving in that direction.
There are also legal defences in the statutes, e.g. with respect to the Public Order Act, actual case law precedents, which make it legal to be a participant in a march or procession , if someone gwnuinely does not know about any changes to permissions, or even the existance of any Section 14 notices banning a procession or march etc.
Your participation in this event could render you liable to prosecution. Police policy in facilitating these events is currently under review.
"could render you liable to prosecution" is more appriate language for a public servant to use, but it still does not automatically mean that any particular Critical Mass rider is acting illegally.
It appears that the Bicycle Police escorts of these montly Critical Mass rides have been going on peaceably for years. Why is there an urgent need to change ?
Is this "review" really a money saving plan to reduce the number of Bicycle Police ?
As the Critical Mass people point out, they do not even "obstruct" the flow of traffic, they are often held up by other road vehicles. They are
If you intend to organise a future similar event please refer to the Metropolitan Police website, www.met.police.uk for details.
Navigating the Metroplitan Police website to find the relevant pages is a painful experience.
Do they mean http://www.met.police.uk/publicorder/ ?
It is preferable for all parties if a lawful event can be safely facilitated, rather than the Police having to enforce legislation.[signed]
Superintendent Gomm,
New Scotland Yard"
The Critical Mass rides often, but not always, stray into the SOCPA Designated Area.
Since Critical Mass have been riding on the last Friday of the month, for at least the last 10 years, it could be argued that the same legal loophole which applies to the long running protest in Parliament Square by Brian Haw, also applies to them.
The High Court Judicial Review of the relevant sections of the Serious Organised Crime and Police Act 2005 ruled that it was not possible to apply in writing for permission to start a "demonstration" which has already started before the Act came into force.
Where is there any evidence that any Critical Mass rides constitute any sort of threat of violent public disorder ? There is none.
Why should anyone have to go to the expense and stress of going to Court, in order to peacefully exercise their rights of freedom of expression, freedom of assembly and freedom to use the public highway ?
What applies to the the Critical Mass bike riders, will also apply to anybody thinking of, for example, driving down Whitehall past Downing Street, to protest about Fuel Tax or Prices, or the London Congestion Charge etc.