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Critical Mass given thumbs up

Law Lords decide police have no powers to control monthly ride


Posted: 27 November 2008
by David Arthur

We reported recently on a legal case concerning the future of Critical Mass, a monthly meet of likeminded cyclists, which was heading to the Law Lords with much riding on the outcome.

The case hinged around section 11 of the Public Order Act 1986, which requires that organisers of demonstrations give written notice to the police, along with details of the planned route and names and addresses. The police wanted to use this act to gain control of Critical Mass, something that regular Mass cyclists were strictly against.

The case was brought before the Law Lords recently and the decision was passed that the police have no Public Order Act powers to control the regular ride, which often takes over entire sections of road as it passes around the city, starting on the South Bank.

The event has no organisers or set route, and the Law Lords decided that this meant it fell outside of the Public Order Act 1986, a decision that London Assembly Green Party Member Jenny Jones is pleased with. “This is a victory for common sense, and for the rights of cyclists to get on their bikes. The decision is an embarrassment for the Metropolitan Police, who have wasted resources in trying to clamp down on the civil liberties of cyclists and insisted on taking the case to appeal. The Met should get back to stopping crime, and let cyclists get back to cycling.

“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 would be like arresting a group of passengers for gathering at Westminster tube station during the rush hour.

“I’m going to ask the Mayor if he will join me on this month’s ride”.


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and for those of you with access to Lexis, Westlaw, Justcite, etc the full law reports can be found at:

Kay v Metropolitan Police Comissioner [2008] UKHL 69

or

Kay v Metropolitan Police Comissioner [2008] All ER (D) 255 (Nov)

... and a riveting read they are!


Posted: 27/11/2008 19:18

Unfortunately I have no access to the data banks you mention but I am glad at least that through the ruling this small part of public freedom has been preserved. There are  already too many political initiatives focused on putting us in straightjackets.
Posted: 28/11/2008 00:13


Posted: 28/11/2008 08:24

That is a small victory for common sense.
The Police in the UK do not support cycling, they see us as a soft target - as do motorists.
See https://bristol.indymedia.org.uk/article/26876?show_preferences=true for evidence that the Police are
anti-cycling.
What are cyclists supposed to do when faced with such prejudice? Riot?


Posted: 02/12/2008 10:53

Talkback: Critical Mass given thumbs up

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