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04 October 2007 / Susan Nash
Issue: 7291 / Categories: Features , Human rights
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Human Rights Update

SELF INCRIMINATION >>
ADVERSE Possession >>
INHERITANCE TAX >>
MARGIN OF Appreciation >>

RIGHT TO REMAIN SILENT

Relying on Art 6 of the European Convention on Human Rights (the Convention) which guarantees the right to a fair trial, the applicants in O’Halloran v United Kingdom (App No 15809/02); Francis v United Kingdom (App No 25624/02), (2007) The Times, 13 July complained that the nature of information sought by a notice of intended prosecution under the 1988 Road Traffic Act (RTA 1988), s 172 violated their right to remain silent and their privilege against self-incrimination. In both cases the applicants’ cars had been caught on speed camera.

As registered keepers of the vehicles they were served notices of an intention to prosecute and asked for the details of the driver on the relevant occasion, or information which would lead to the driver’s identification. Each applicant was further informed that failing to provide information was a criminal offence under RTA 1988, s 172. Although the first applicant admitted that he was the driver, he complained that

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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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