The European Court of Human Rights (ECHR) has rejected the combined appeals of Gerard O'Halloran and Idris Francis against the United Kingdom by a majority of 15 to 2.
This verdict enables the British Government's to continue to force motorists to incriminate themselves using S172 of the Road Traffic Act, which is almost always the only evidence of the driver's identity in speed camera cases - a denial of the right to silence that applies if you are charged with almost any other criminal offence. In both of the cases appealed to the ECHR, as in hundreds of others every day in the UK, S172 was used or threatened in order to force a confession:
Mr O'Halloran was compelled to name himself as the driver of a car at the time of an alleged offence under threat of criminal sanction under S172, and that was used to convict him of the criminal offence of speeding.
- Mr Francis refused to incriminate himself and sent a letter to the police to the effect that he was asserting his rights under Article 6.1 of the European Convention on Human Rights. He was convicted of failing to provide the driver's details.
