Tim Ireland has an interesting posting on Bloggerheads, which suggests that he might also be at risk of being considered an "organiser" of a demonstration without prior written approval, by "beating the bounds" around the Desgnated Area.
The other interesting question that Tim raises is that of the exact extent of the Designated Area, given the imprecise wording of Statutory Instrument 2005 No. 1537 The Serious Organised Crime and Police Act 2005 (Designated Area) Order 2005
(2) Subject to paragraph (3), references in paragraph (1) to a named street or other highway include the pavements adjoining that street or other highway on the extremity of the designated area.(3) The pavements in Trafalgar Square are not included in the designated area."
It is this Statutory Instrument which is the legal definition of the extent of the Designated Area, and not any map produced by the Metropolitan Police
Tim suggests that the side roads which cross the boundary of the Designated Area described in the Statutory Instrument are also included:
Also, if you're thinking of standing in a side street, think again; the Act is worded so clumsily (or cleverly, depending on your point of view) that the exclusion zone can actually be interpreted to include the pavements on any adjoining highway at the extremity of the perimeter and/or that entire highway itself. The whole perimeter is - effectively - another city-block wider... potentially with tendrils extending far beyond that (though , as it says here, for no more than "one kilometre in a straight line from the point nearest to it in Parliament Square").
We do not quite agree with this, interpretation, but it did get us thinking that the typically Home Office "catch all" wording does actually mean that any of the "named streets" which the Statutory Instrument description of the extremity of the Designated Area mentions include the "pavements adjacent" as well.
This wording seems to apply to the entire pavement in the "named street", over its entire length, even the part of the street heading away from the direction of Parliament Sqiare, provided that no point is ""more than one kilometre in a straight line from the point nearest to it in Parliament Square"
There are several "named streets" which extend beyond the apparent line of the boundary of the Designated Area, but whose entire "adjacent pavements" could also be interpreted as being within the Designated Area.
If this were not so, then there would have been no need to specifically exempt the pavements of Trafalgar Square.
Refer to this map of the streets around Parliament Square
Some of these streets extend to a distance beyond "one kilometre in a straight line from the point nearest to it in Parliament Square"
- "starting at the point where Hungerford Bridge crosses Victoria Embankment, "
Victoria Embankment north of this point. About halfway between Cleopatra's Needle and Hungerford Bridge appears to be no more than "one kilometre in a straight line from the point nearest to it in Parliament Square"
- "along Hungerford Bridge to the point where it crosses Belvedere Road, rightwards along Belvedere Road as far as Chicheley Street"
Leftwards (i.e. north) along Belvedere Road underneath Westminster Bridge to the Hayward Gallery where it becomes Upper Ground
- "leftwards along Chicheley Street as far as York Road, rightwards along York Road"
Leftwards (i.e. north) along York Road as far as the IMax cinema roundabout i..e.as far as the corner with Concert Hall Approach at the north west of York Road and the corner with Mepham Street on the north east of York Road
- "rightwards along York Road, crossing Westminster Bridge Road into Lambeth Palace Road,"
Westminster Bridge Road stretches eastwards from the roundbout at the end of Westminster Bridge, for a considerable distance, past Lambeth North Tube Station to St. Georges Circus
The 1 kilometre limit means that the St. Georges Circus end of Westminster Bridge Road is outside the Designated Area. However the western corner of the junction with Kennington Road and Wetminster Bridge Road is within, and perhaps also the pavement outside Lambeth North Tube Station itself (depending on from exactly where the 1km from Parliament Square is measured)
- "over Lambeth Bridge, leftwards along Millbank as far as Thorney Street"
Millbank extends southwards from Thorney Street towards Vauxhall Bridge. The 1 km from Parliament Square.would just encompasss Millbank pavements as far as the Tate Gallery.
- "along Strutton Ground crossing over Victoria Street into Broadway"
Victoria Street westwards as far as Ambrosden Avenue and the Roman Catholic Westminster Cathedral which appears to be not "more than one kilometre in a straight line from the point nearest to it in Parliament Square"
- "along Queen Anne's Gate as far as Birdcage Walk, rightwards along Birdcage Walk as far as Horse Guards Road"
Does Queen Anne's Gate actually connect with Birdcage Walk ?
see the detailed Westminster Council planning applications mapThat would either make Queen Anne's Gate into an unusual "T shaped" road, or it would mean that there is a gap in the Designated Area boundary.
Birdcage Walk westwards from Queen Anne's Gate towards Buckingham Palace just beyond Spur Road. The corner of Birdcage Walk and Buckingham Gate appears to be just a bit "more than one kilometre in a straight line from the point nearest to it in Parliament Square"
- "along Horse Guards Road as far as the Mall, rightwards along the Mall"
Leftwards along the Mall, westward towards Buckingham Palace from Horse Guards Road to Spur Road.
However, we think that Tim may not actually be charged with "Organising" his "beating the bounds" walk, around the apparent perimeter of the Serious Organised Crime and Police Act 2005 Designated Area, if he was on his own.
132 (7) "(d) references to any person organising a demonstration do not include a person carrying on a demonstration by himself,"
However, obviously as an "organiser" of the Carol Service, that exemption would not apply.
It appears to us that under the wording of SOCPA, an "organiser" could be arrested, even if they have never actually set foot within the Designated Area.
Worryingly for anyone who has helped to publicise any of the events within any "public place" within the Desginated Area,
132 (7) "(c) references to any person organising a demonstration include a person participating in its organisation,"
Does that include journalists and the media who give advance notice of the event ?
Does that include us ?
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