- Created by: channyx
- Created on: 20-03-20 20:59
The requirement under the Road Traffic Act 1988 s.172 to identify the driver of a vehicle in the event of a speeding offence flowed from a general regulatory regime relating to the use of motor cars and was sufficiently limited not to amount to a breach of the right to silence and the privilege against self-incrimination for the purposes of a violation of the European Convention on Human Rights 1950 art.6(1).
The complainants (H and F), who had been convicted of road traffic offences, complained that they had been compelled to give incrimination evidence in breach of the right to remain silent and the privilege against self-incrimination, which they maintained was in violation of their right to a fair trial under the European Convention on Human Rights 1950 art.6(1) .
H and F's vehicles had been separately photographed by speed cameras whilst being driven above the prevailing speed limit. Both H and F received notices of intended prosecution which required them, as registered keepers of the vehicles, to identify the driver of the vehicle at the relevant time, failing which each would be guilty of an offence under the Road Traffic Act 1988 s.172 . H confirmed that he had been the driver of his vehicle at the relevant time.
At his subsequent trial for speeding, his…