Safe Speed Forums

My wife and share a car and the car is therefore insured in both of our names. If one of us was unlucky enough to get caught by a speed camera, would we be compelled to give evidence against each other?

Don't know about either of you being compelled to give evidence against each other, but if you both stood up and blamed each other then it wouldn't be possible to secure a conviction against either of you if it is a rear facing camera and the car is fitted with wide head restraints.

_________________
What makes you think I'm drunk officer, have I got a fat bird with me?

I asked this question over on pepipoo and nobody was really able to give me a satisfactory answer.

I see exactly where you are coming from and I personally think there's mileage in it but I'm certainly no expert!

An alternative might be for both husband and wife to 'confess'. A letter naming both from the registered keeper, followed by a 'confession, in writing, from both saying that although they can't specicifally remember, in the interests of justice one of them must be guilty so they are both confessing and will both admit the offence and take the points/fine.
Now, that would really cause confusion, although one might suspect that the CPS would simply go for one of them, although if it went to court on a 'guilty' plea and the other party went to give evidence and said, "but I really do think it was possibly me", at which point husbamnd and wife stat arguing in court, both wanting to admit guilt.

If you were genuinely unsure of who was driving, despite every effort to find out, then neither of you could be prosecuted for speeding, and any S172 prosecution should fail due to the 'resonable steps' you'd taken to establish the driver's identity. I do object somewhat to the burden of proof of having taken these 'reasonable steps' lying with the defence, when it should be down to the prosecution to prove they hadn't, but since S172 is a malicious threat to compell a confession anyway its hardly surprising!

If however you were aware of who was driving, and attempted to both profess innocence/guilt in an attempt to avoid punishment one of you would be guilty of perjury if under oath, and both of attempting to pervert the course of justice. Both offences can attract a jail sentence.

In answer to your original question:

The prosecution can only compel a spouse to give evidence for the prosecution in cases which involve:

an allegation of violence against the spouse;
an allegation of violence against a person under the age of sixteen years;
an alleged sexual offence against a victim under the age of sixteen years; or
attempting, conspiring or aiding and abetting, counselling and procuring to commit the offences in the categories above.

I would not, however, expect this forum to be a place to find advice on how to avoid a charge of which you are knowingly guilty, though I am sure your question was purely hypothetical.

I think the compulsion agruement is countered by the fct that s172 is about 'providing information' and that the driver has to 'confess' themselves.

It's all a dodgy house of cards!

The driver doesn't have to confess.
The s172 requires the registered keeper of the vehicle to provide information as to who was driving the vehicle at a specific date, time and location.
If the keeper was also the driver at that time, then he/she is required to give that information.
They can give that information and inform the enquirer that because of the provisons of the Police And Criminal Evidence act the information may not be used in court against that person because the required warning was not given. For what it is worth. A La Pepipoo.
As has been said, be VERY careful of WHAT you write, since the prosecuting authorities are looking for prosecutions under the conspiring to commit perjury laws. These carry VERY long sentences.
However, if you ARE NOT SURE who was driving AT THAT TIME, you should say JUST that and let them work it out.