In 2005 they tried to stop them by handing out notices informing participants of the requirement under section 11 of the Public Order Act 1986 to notify the police of the route of any “public procession” – and the criminal consequences of failing to do so. This notification requirement doesn’t apply to processions “commonly or customarily held” and a legal case that went all the way to the House of Lords established that Critical Mass comes within this exception.
On Friday the police tried again,
this time using section 12 of the same Act. This allows a senior police officer
to impose restrictions on a public procession if he/she considers the procession
might, among other things, result in “serious disruption to the life of the
community”. Relying on this power, the Met banned Critical Mass participants
from using the Olympic Route Network or going north of the Thames.
There may be some question over whether Critical Mass is a public procession at all – this is an issue left open by the House of Lords judgment. Assuming it is, the police have to be able to justify their use of the power and show it’s compatible with Articles 10 and 11 of the Human Rights Act (freedom of expression and freedom of assembly). From what we’ve heard it seems they may be hard pressed to show how the restrictions imposed and the resulting mass arrests were a proportionate response to any arguable risk posed by the cyclists. Harder still to justify kettling a group of cyclists in Stratford. The courts in this country and in Strasbourg may have held that kettling was permissible in response to the extreme circumstances faced by the police on May Day 2001, but they all stressed that kettling is an exceptional measure – not one to be resorted to lightly.
It’s fantastic that we’re holding the Olympics in London and the opening ceremony was amazing. But the Games must not be used as a pretext for bearing down on peaceful dissent. Friday’s ceremony highlighted so much that we have to be proud of, including changes achieved through peaceful protest – the Suffragettes – and our commitment to human rights – yes it was our dear Director carrying the Olympic flag. Let’s make sure that we honour these outside the stadium, not just within.
- As we articulated on our Twitter feed on Friday evening and again today, we're keen to hear from any cyclists who were affected. E-mail us at: information@liberty-human-rights.org.uk
