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http://www.guardian.co.uk/uklatest/stor ... 37,00.html
Judges rule on speeding fines
Press Association
Friday June 29, 2007 4:43 AM
Human Rights Court judges are due to make a key ruling that could affect the future of speed cameras in the UK.
The judges in Strasbourg will decide if two British drivers had their human rights breached in speed camera conviction cases.
Last year, the judges heard Idris Francis, from Petersfield, Hampshire, and Londoner Gerard O'Halloran separately challenged police requirements to name the driver after their cars were caught on roadside cameras exceeding the speed limit.
Mr Francis, a retired company director, refused on grounds of the right to silence and was fined for failing to comply, with three penalty points put on his licence.
Mr O'Halloran, who is in his early 70s, did admit he was the driver but later invoked his right to silence and protection from self-incrimination.
Magistrates refused to exclude his confession. They fined him and put three penalty points on his licence.
Mr Francis's 1938 Alvis car was photographed doing 47mph in a 30mph zone, while Mr O'Halloran's car was caught on camera doing 69mph on the M11 motorway where a temporary speed restriction of 40mph was in force.
Both men turned to Strasbourg after British appeals failed. Their lawyers told the human rights hearing last September that they had both been convicted of speeding on the basis of statements they were compelled to provide under threat of a penalty similar to that of the alleged speeding offence.
They argued that this was contrary to the presumption of innocence and affected their right to a fair trial, both safeguarded by the Human Rights Convention to which the UK is a signatory.
Paul Smith, founder of anti-speed camera group Safe Speed, said: "This case is extremely important to road safety. If it kills off speed cameras - and I hope it will, at least for a while - it will be a great day for road safety and a great day for justice."