Archived press release

High Court challenge to police clamp down on London cycle ride

24 May 2006

Friends of the Earth's Rights and Justice Centre will today (Wednesday) challenge in the High Court police claims that London's Critical Mass Cycle Ride is unlawful. The Centre will be acting for London cyclist, Des Kay, who will be represented in court by Michael Fordham of Counsel.

The Critical Mass Cycle Rides are part of a global phenomenon in which cyclists in more than 300 cities worldwide take to the streets once a month in a celebration of safe cycling. The London Critical Mass Cycle Ride has taken place on the last Friday of every month since April 1994.

But the police claim that that the monthly rides are unlawful because they do not have an organiser, because they have no predetermined route and because no advance notice has been given [1].

Despite the rides having been policed successfully for years without any serious public order problems the Metropolitan Police handed out notices at the ride last September declaring that it was unlawful and that cyclists were subject to prosecution for taking part.

Lawyers for Des Kay, a keen cyclist from Kingston, will argue that the monthly rides are lawful not least because they fall within an exception for processions that are "commonly or customarily held". They will also argue and that the monthly rides are not required to have an organiser or a route and that no advance notice can be given to the police.

Phil Michaels, speaking for Friends of the Earth's Rights and Justice Centre, said:

"This is an important case about the rights of members of the public to cycle in London and about the way in which the police carry out their functions. There was no good reason for the police to clamp down on these monthly cycle rides. The police have tried to use public order legislation to undermine a perfectly lawful and safe cycling event."

Des Kay said:

"Cycling in London needs all the encouragement it can get. Critical Mass is an important celebration of cycling in the capital and makes a real contribution to safe cycling by giving cyclists the confidence they need. The last thing it needs is the police telling cyclists that they could be prosecuted."

Note

[1] The Metropolitan Police rely on s.11 of the Public Order Act 1986 which requires that advance notice be given to the police for certain types of procession.

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