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House of Lords Critical Mass appeal.

Doug | 26.11.2008 11:00

From by brief reading of this just published judgement, and correct me if I am wrong, it would seem that the appeal has been upheld and that London CM is a customarily held procession for which prior police notification is not required.





 http://www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd081126/metro-1.htm

"21. Section 11 does not require notice to be given of every procession that is capable of creating a disturbance. The fact that, on their natural meaning, the words of section 11(2) are wide enough to exclude some processions in respect of which the police do not have all the information that they would wish is no reason to give those words an unnatural meaning. They should be given their natural meaning so as to apply to Critical Mass as a procession that is commonly or customarily held. For this reason I would allow this appeal."

Doug

Comments

Hide the following 4 comments

Cops clobbered

26.11.2008 12:26

UNANIMOUS! (which is often not the case in the H of L) Great job done by everyone involved in this. Seeing something like this all the way through takes a lot of stamina.

How much money have the cops spent on this? FOI request, anyone?

Stroppyoldgit


So you can still set up your own mass too...

26.11.2008 15:48

(from the Torygraph - best summary so far)

But there was a broader question: was it a procession at all? In Lord Phillips's view, it was not. And that raised the question of whether section 11 of the Public Order would apply to a new or one-off procession with no pre-determined route.

“Such events are now quite common around the world and it is certainly possible that organisers might wish to inaugurate one elsewhere in the United Kingdom,” Lord Phillips said. Would that be lawful?

Lord Pannick QC, appearing for the Metropolitan Police, had argued that it would not. “He submitted that section 11 required notice to be given of the proposal to hold such a procession and that the notice had to include a proposed route. Even if the organisers gave notice of the proposal to hold the procession, the notice would be defective if it did not specify a proposed route, rendering the organisers liable to prosecution if the procession took place.”

But Lord Phillips was “unable to give section 11 this draconian effect”. It was “inconceivable” that Parliament had intended to ban such processions by requiring advance notice.

Lord Rodger agreed. “If Parliament had actually intended to use the Public Order Act 1986 to outlaw processions of that kind without a predetermined route, then it would not have done so by a side wind in a section creating a system of notification: it would have done so specifically.”

masser


legal workings on this case...

26.11.2008 20:06

Hi,
I'm writing from dissident island radio, and we'd love to talk to some of the people involved in this appeal. So, if you could drop us an email at  dissidentisland@riseup.net , that'd be sweet.
Iggy.

Iggy
mail e-mail: dissidentisland@riseup.net
- Homepage: http://www.dissidentisland.org


More info on ruling

26.11.2008 21:41

D Brum