On Monday the Court of Appeal gave their judgment in the Critical Mass case (Commissioner of Police for the Metropolis v. Des Kay). Cyclists will want to understand the practical implications of the judgment for this Friday’s Critical Mass.
. By two to one (and against the decision of two previous judges), the Court of Appeal rejected Des Kay’s argument that the monthly rides are ‘commonly or customarily held’ which would exempt them from the notification requirements of the Public Order Act 1986.
The result (subject to any reconsideration by the House of Lords) is that any organiser of Critical Mass is now required to notify the police at least 6 days before the event providing them with the date, route, and name of organiser.
If an organiser fails to do this, he or she will be liable to prosecution. It would be for the police to prove that a person was an organiser of Critical Mass. The case was brought because, in September 2005, the Police handed out leaflets at Critical Mass saying:
“These cycle protests are not lawful because no organiser has provided police with the necessary notification. Your participation in this event could render you liable to prosecution.”
Those statements were, and remain, incorrect. The Court of Appeal’s judgment does not mean either that the ride is unlawful or that those merely cycling in the ride are acting unlawfully.
Friends of the Earth Rights & Justice Centre
Lawyers for Des Kay
23 May 2007
The result (subject to any reconsideration by the House of Lords) is that any organiser of Critical Mass is now required to notify the police at least 6 days before the event providing them with the date, route, and name of organiser.
If an organiser fails to do this, he or she will be liable to prosecution. It would be for the police to prove that a person was an organiser of Critical Mass. The case was brought because, in September 2005, the Police handed out leaflets at Critical Mass saying:
“These cycle protests are not lawful because no organiser has provided police with the necessary notification. Your participation in this event could render you liable to prosecution.”
Those statements were, and remain, incorrect. The Court of Appeal’s judgment does not mean either that the ride is unlawful or that those merely cycling in the ride are acting unlawfully.
Friends of the Earth Rights & Justice Centre
Lawyers for Des Kay
23 May 2007
