Police win power to ban bike ride
The Metropolitan Police have won a court battle to allow them to ban London's Critical Mass cycle ride.
Two out of three Appeal Court judges overturned a High Court ruling that the rides do not need to have prior permission from the police.
Every month cyclists gather on the South Bank and ride through the city in the evening to celebrate safe cycling.
Now police will have the power to make arrests under the Public Order Act 1985 if they are not warned about the route.
'Potentially oppressive'
The legal battle began last September when, before the start of that month's ride, police handed out a letter to participants stating the Critical Mass rides were not lawful.
Police said "organisers of public processions" were required by law to give at least six days' notice of the date, time and proposed route, as well as their names and addresses.
This resulted in one of the regular Critical Mass riders asking Lord Justice Sedley and Mr Justice Gray to rule in the High Court that the police were misinterpreting the law.
The court heard the rides had no organiser and no fixed route and ruled that, as "customarily" held events, prior notice was not required under the Act.
At Monday's appeal hearing, Lord Justice Wall, the judge who found in favour of the cyclists, said to rule that Critical Mass fell under the auspices of the Public Order Act was "potentially oppressive".
A procession cannot, in my judgement, become common or customary if no route or end point is ever the same
Lord Justice Leveson
"The police, in my judgment, know what the cyclists are going to do. They are going to ride around the Greater London area," he said.
"That is a perfectly lawful activity, and if, for any reason, it ceases to be so, the police have ample powers to intervene."
London mayor Ken Livingstone's road safety ambassador Jenny Jones had earlier urged the police to allow the rallies to go ahead as planned, the judge said.
However, Lord Justice Leveson said cyclists came together at a fixed point, but the lead riders chose the course and where the rally finished.
"A procession cannot, in my judgment, become common or customary if no route or end point is ever the same," he said.
Sir Mark Potter, the President of the High Court Family Division, also found for the police.
Jenny Jones, a Green Party member of the London Assembly, said in a statement: "This decision is bad news for everyone, as it will end up with the police wasting time arresting innocent cyclists like me, rather than arresting real criminals.
"Critical Mass is a lively, but peaceful get-together of cyclists which has been going on for over a decade without any major incidents.
"Arresting cyclists at Critical Mass will be like arresting a group of passengers for gathering at Westminster tube station during the rush hour."
The London ride is part of a worldwide phenomenon and has taken place on the last Friday of the month, every month, for the past 13 years.
http://news.bbc.co.uk/1/hi/england/london/6677589.stm
See you on Friday guys and gals!
Two out of three Appeal Court judges overturned a High Court ruling that the rides do not need to have prior permission from the police.
Every month cyclists gather on the South Bank and ride through the city in the evening to celebrate safe cycling.
Now police will have the power to make arrests under the Public Order Act 1985 if they are not warned about the route.
'Potentially oppressive'
The legal battle began last September when, before the start of that month's ride, police handed out a letter to participants stating the Critical Mass rides were not lawful.
Police said "organisers of public processions" were required by law to give at least six days' notice of the date, time and proposed route, as well as their names and addresses.
This resulted in one of the regular Critical Mass riders asking Lord Justice Sedley and Mr Justice Gray to rule in the High Court that the police were misinterpreting the law.
The court heard the rides had no organiser and no fixed route and ruled that, as "customarily" held events, prior notice was not required under the Act.
At Monday's appeal hearing, Lord Justice Wall, the judge who found in favour of the cyclists, said to rule that Critical Mass fell under the auspices of the Public Order Act was "potentially oppressive".
A procession cannot, in my judgement, become common or customary if no route or end point is ever the same
Lord Justice Leveson
"The police, in my judgment, know what the cyclists are going to do. They are going to ride around the Greater London area," he said.
"That is a perfectly lawful activity, and if, for any reason, it ceases to be so, the police have ample powers to intervene."
London mayor Ken Livingstone's road safety ambassador Jenny Jones had earlier urged the police to allow the rallies to go ahead as planned, the judge said.
However, Lord Justice Leveson said cyclists came together at a fixed point, but the lead riders chose the course and where the rally finished.
"A procession cannot, in my judgment, become common or customary if no route or end point is ever the same," he said.
Sir Mark Potter, the President of the High Court Family Division, also found for the police.
Jenny Jones, a Green Party member of the London Assembly, said in a statement: "This decision is bad news for everyone, as it will end up with the police wasting time arresting innocent cyclists like me, rather than arresting real criminals.
"Critical Mass is a lively, but peaceful get-together of cyclists which has been going on for over a decade without any major incidents.
"Arresting cyclists at Critical Mass will be like arresting a group of passengers for gathering at Westminster tube station during the rush hour."
The London ride is part of a worldwide phenomenon and has taken place on the last Friday of the month, every month, for the past 13 years.
http://news.bbc.co.uk/1/hi/england/london/6677589.stm
See you on Friday guys and gals!
0
Posts
sickie?
[:D] www.addiscombe.org [8D] [8D] www.darhotwire.com [8D] [8D] www.muzikmedia.com [:D]
My Bikes My Commute
My Bikes -> http://tinyurl.com/28wbd8
My Commute -> http://tinyurl.com/27hunr
Here's to a bigger than ever CM this Friday!
22nd March can't come soon enough, neither can 26th May 2007
Carbon Footprint what Carbon Footprint?
Then read MY BLOG @ http://www.pebennett.com
Twittering @spen_666
There reasoning as to why it is not a common or customary event means that it is never practicable to give notice as until the ride starts off there is no procession to give notice of
22nd March can't come soon enough, neither can 26th May 2007
Carbon Footprint what Carbon Footprint?
Then read MY BLOG @ http://www.pebennett.com
Twittering @spen_666
it's your CTC - YOU DID turn up to vote on 28th April to keep it that way
You will be nicked Simon as you are clearly one of the ring leaders of the unlawful rabble who style themselves as Al-quaedaCTC
22nd March can't come soon enough, neither can 26th May 2007
Carbon Footprint what Carbon Footprint?
Then read MY BLOG @ http://www.pebennett.com
Twittering @spen_666
http://www.wimbledonguardian.co.uk/news/topstories/display.var.1414913.0.cyclist_to_apply_to_house_of_lords_over_ride_wrangle.php
~~~~~
Any problem can be solved by the application of duck tape,
copious use of cable ties
and the wearing of fluorescent yellow Lycra
~~~~~
Any problem can be solved by the application of duck tape,
copious use of cable ties
and the wearing of fluorescent yellow Lycra
~~~~~
it's your CTC - YOU DID turn up to vote on 28th April to keep it that way
I think you may be mistaken re location as it is talking re S11 POA 1986, and reference in judgement is to it being illegal when it started- the legislation you refer to is not retrospective- ie think Brian Haw
22nd March can't come soon enough, neither can 26th May 2007
Carbon Footprint what Carbon Footprint?
Then read MY BLOG @ http://www.pebennett.com
Twittering @spen_666
One further question. Would the ban apply to an MP on a bike?
it's your CTC - YOU DID turn up to vote on 28th April to keep it that way
Dear MP,
I am appalled that the Court of Appeal has ruled that the monthly Critical Mass bike ride is illegal. http://news.bbc.co.uk/1/hi/england/london/6677589.stm I am especially concerned that the police have used their limited resources to bring this case and will no doubt attempt to enforce the ban.
They will do this despite the fact that they appear to be able to take no action against cycle thieves or dangerous drivers.
The Critical Mass is a once monthly event soon over and of limited inconvenience to Londoners. Bike theft and driving that endangers cyclists, on the other hand, go on every day. Cyclists across London lose their property daily because of the Metropolitan Police's lack of action. Some of them are injured and even lose their lives because of the limited action that is taken against dangerous driving in London.
I would be grateful if you could take this issue up with the Metropolitan Police, expressing my concern about their bizarre set of priorities.
Stephen
CyclingIsPermittedAlongThisFootpathGenericPath
no, its a determination of a technical point of law. I do not agree with the CA, but I can see their reasoning
22nd March can't come soon enough, neither can 26th May 2007
Carbon Footprint what Carbon Footprint?
Then read MY BLOG @ http://www.pebennett.com
Twittering @spen_666
So what happens if a group of us (maybe 20 or so) want to go off on a cycle ride round London on, say, Sunday afternoon .. do we have to notify the police?
Is there technically the potential for our being nicked if we don't?
(Silly questions)
What would happen if everyone who organised a bit of a bike ride contacted the police to notify them of the event?
What would happen if CM didn't actually start at NFT, but just became a critical mass because loads of cyclists happened to be cycling round London on a Friday evening?
Would it become an offence to cycle round London on a Friday evening without notifying the police first?
Suppose an ill-defined bunch of motorists drove round London on a Friday evening - would they be liable for prosecution, too?
jamesAC
jamesAC
Send them care of the Met's Press and Publicity Office, perhaps? [}:)]
L
[:)]
Windcheetah 176
http://www.redshift.uklinux.net/
...handbuilt by daleks...
Windcheetah 176
http://www.redshift.uklinux.net/
Snarking, fester-twister. Speetling along like a trolley with scorches
What's worse than raining cats and dogs?
Idiots who leap out into the road oblivious of their own safety and mine, flailing about with bags and umbrellas in the belief that buses won't stop at bus stops if there are people just waiting there.
Send them care of the Met's Press and Publicity Office, perhaps? [}:)]
L
[:)]
Windcheetah 176
http://www.redshift.uklinux.net/
...handbuilt by daleks...
Perhaps, in the interests of Law'n'Order, of course, someone would care to contribute a pro-forma form that cyclists, who intend, or might intend, or, having made a wrong turn, end up cycling round London on a Friday evening might use to notify the Constabulary of their intentions?
Would one need a different form for, say, Tuesday?
Suppose you notified the C's of your intention, then got a puncture 100 yards from home, and it started to p*ss down with rain, so you changed your mind and went home to watch you new "Clangers" dvd .. would you then need to notify the C's that you no longer intended to ride?
jamesAC
jamesAC
On the 8th day God made a bicycle, and he saw that it was good. (actually personally he thought it was his best invention yet)
http://www.safespeed.org.uk/forum/viewt ... 44427d8d2d
If I had a stalker, I would hug it and kiss it and call it George...
http://www.crazyguyonabike.com/doc/?o=3 ... =3244&v=5K
slow is good too
Now there's an idea. I've often thought drivers should have to file a "flight plan", detailing their proposed route and where they're going to park when they get there, before they're allowed to set out. They could be forewarned of congestion and advised on the best route .. or told "Sorry, mate, there's no room for you in Croydon today".
Works for aircraft, dunnit?
*** Have you got rock salmon?
No, but we've got soul ***
People need to be told what to do so badly they'll listen to anyone
If I had a stalker, I would hug it and kiss it and call it George...
http://www.crazyguyonabike.com/doc/?o=3 ... =3244&v=5K
Indeed, you most certainly are[:D]
If I had a stalker, I would hug it and kiss it and call it George...
http://www.crazyguyonabike.com/doc/?o=3 ... =3244&v=5K
Why not abandong the CM and have 100 or so smaller simultaneous events restricted to 11 people.
you see where this is going
1. You are no longer breaking the ludicrous use of the act. Let's face it the police were stretching it to the limit anyway
2. You cannot be tried together.
If the police want to play silly games then let's ensure we are so hard to process that they won't have nearly enough resources
Sorry to any lawyers out there but my legal knowledge comes from a temp job whilst I was a student years ago. Best get a real professional to check it out before proceeding with such an idea
My ,what a popular little chappy you are.
Don't call me censored ,I don't like it.
I am not a Londoner
We need something like this CM malarky in my home City. We need it badly.
Everyone give a big thank you to the Met for spreading the word so effectively that every city needs a critical mass
___________________________
censored elephants - capabari are cuter!
censored elephants - capabari are cuter!