Human Rights Update

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