City council interim injunction to ban street cruising remains in place - January 2024 update

The case is now listed for a two-day trial, due to begin on 27 February 2024.

This injunction, prohibiting drivers or motorcycle riders or passengers from taking part in street cruises anywhere in Birmingham, has been in place since December 2022.

Any driver, motorcycle rider or passenger breaching the order could be arrested immediately, and could face up to two years in prison, a fine, or have their assets seized.

Since the interim order was awarded in December 2022, a number of participants have been successfully prosecuted, resulting in sentences ranging from 14 to 46 days imprisonment (suspended for 12 months) and ordered to pay costs of between £1,000 and £1,700.

The full terms of the injunction, power of arrest, orders, applications for alternative service and interim injunction, documents and evidence can be found at https://www.birmingham.gov.uk/streetcruiseapplication2022.

Cllr Nicky Brennan, Cabinet Member for Social Justice, Community Safety and Equalities, said: “Street cruising is dangerous as well as being a nuisance for law-abiding citizens.

“While the current order remains in place, I would like to see the courts take public concerns into consideration and grant a full injunction, outlawing street cruises for good across our city.

“By working with our partners at the police on applying for this injunction, we have shown we understand and share the continued concerns raised by many residents, about this anti-social and life-threatening behaviour.

“Past court action shows that we won’t hesitate to ensure justice is served upon offenders, who have no excuse for their actions. There are plenty of lawful ways to exhibit and demonstrate their vehicles – but our roads are not the place for it.”

Although the application for this order has been made by Birmingham City Council’s Community Safety Team, officers from West Midlands Police will be responsible for its enforcement.

Chief Superintendent Ian Green, from West Midlands Police, said: “We have been working jointly with all local authorities over the past few years and are determined to tackle dangerous and reckless driving which puts the safety of others and themselves at risk.

“Alongside our partners we do not tolerate illegal car gatherings due to the danger and nuisance they create to communities and the wider public going about their lives.

"We have officers dedicated to addressing the issue from both neighbourhood teams and specialist traffic resources, who are also working with the insurance industry and providing diversionary and educational courses.

“We will take every opportunity to intervene and enforce against this activity and this includes spectators and those organising or promoting these events.”.

Birmingham High Court also continued an interim order previously granted to Wolverhampton City Council on behalf of local authorities in the Black Country.

In the event of any further hearings, anyone wanting to take part in those should file an acknowledgement of service – a form to show individuals wish to take part.

Any person who is served with or affected by the orders may apply to the court as set out in paragraphs 4,19-21 of the Order of HHJ Kelly of 20 December 2023 see order at https://www.birmingham.gov.uk/streetcruiseapplication2022

The case is listed for trial on 27 and 28 February 2024 at the Birmingham Civil and Family Justice Centre, 33 Bull Street, Birmingham B4 6 DS.

The council’s contact details are Birmingham City Council Legal and Governance, PO Box 15992 B2 2UQ quoting ref LS/CSY/HM/210929. Alternatively, call 0121 303 2808 or send an email to HousingLitigationTeam@birmingham.gov.uk

Although the application for this order has been made by Birmingham City Council, officers from West Midlands Police will be responsible for its enforcement.

If anyone sees any street cruising taking place, they should contact police via Live Chat at west-midlands.police.uk between 8am and midnight, call 101 anytime or 999 in an emergency.

Notes to editors:

Who does the injunction apply to?

The injunction applies to persons unknown (i.e. anyone) who participate or intend to participate in street cruises in Birmingham as car drivers, motorcycle riders or passengers in motor cars or on motorcycles and to 10 named defendants.

What is street cruising?

Street cruising is a congregation of the drivers of two or more motor vehicles (including motorcycles) on the public highway or at any place to which with public have access within the claimant’s local government area (in this case, the City of Birmingham).

The order covers any driver or rider of or passenger in or on any vehicle, who performs any of the activities set out below, causing excessive noise, danger to other road users (including pedestrians), damage or the risk of damage to private property, or any nuisance to another person not participating in the street cruise.

The activities referenced above are:

• driving or riding at excessive speed, or otherwise dangerously,
• driving or riding in convoy;
• racing against other motor vehicles;
• performing stunts in or on motor vehicles;
• obstructing the highway or any private property.