Self-Incrimination & Human Rights Act

Honest John Back Room » The Back Room Archive
View Threaded
Sat 22 Sep 2001 10:57
Self-Incrimination & Human Rights Act - Brian
This was received today via the Magistrates Association chatroom:

There is currently a legal concern that demanding a driver say whether or
not they were driving at the time of a speed camera offence, may be contrary to the right not to incriminate themselves pursuant to Article 6 of the European Convention on Human Rights.
Five judges have overruled the European Convention on Human Rights and said
that police can ask drivers to incriminate themselves after having been
photographed by a speed cameras.

However, as the law now stands, the subsequent use of the information
obtained by the notice WILL infringe Article 6 of the Convention, but a prosecution appeal in the Brown case in Scotland is pending.

It is therefore recommend that the notices must be complied with, but that
you should include a statement along the following lines:

"I am supplying this information under duress and under the threat of
prosecution.
Use of this information in any subsequent court proceedings will infringe my
right not to incriminate myself pursuant to Article 6 of the European
Convention on Human Rights"

Reference is made to the Law Society's Gazette (16th November 2000 page 47).
Reply | Report as offensive | Link
Sat 22 Sep 2001 11:50
Re: Self-Incrimination & Human Rights Act - Bruce
Looks like the lunatics have taken over the asylum again!
Reply | Report as offensive | Link
Sat 22 Sep 2001 18:28
Re: Self-Incrimination & Human Rights Act - Dave N
In this day-and-age of free speech, I think it's admirable that people who feel they have received bad service can tell others. I just hope they tell the company/people concerned, first. As long as the complaint is well founded, and the author is prepared to stand by his comments, let him speak. Then, if any company/person feels so inclined, they can sue, and we can all await the outcome. Bottom line is, I doubt any company will sue, as when the full facts of the case come out in court, they will probably have more egg on their face than if they'd done nothing. The example letter from Just Tyres on a thread last week goes some way to justify this statement. Unapologetic and uncaring, just as the author had stated earlier on.
Reply | Report as offensive | Link
Sat 22 Sep 2001 18:30
Re: Self-Incrimination & Human Rights Act - Dave N
Sorry, wrong thread. See previous one.
Reply | Report as offensive | Link

Exclusive to Honest John users: 12% off ALA GAP Insurance

Reader Offer: 12% off ALA GAP Insurance

From which small car to buy at which price point to the best UK-built cars, our Top 10s have the lot. Click now for your shortlist.

Unsure of what to buy? Our Top 10s are here to help you....