http://www.tnn.co.uk/UKNews/plonearticl ... 7097897561
Big noise on right to silence
The European Court of Human Rights is to accept an application from British motorists to attempt to have speed camera convictions declared illegal
If you have ever been caught by a speed camera, you could perhaps be in line to have the conviction overturned if an application by eight British motorists to the European Court of Human Rights (ECHR) is successful. The British Government has been asked to respond to the action and a verdict is expected during 2006.
The issue of Human Rights arises because the Road Traffic Act 1988 requires registered keepers of vehicles to identify the driver on pain of various penalties if you refuse to do so. This, say the ECHR drivers, means that it amounts to evidence obtained under duress, and therefore should not be admissable in court.
In 2001, a judgement by the Privy Council (Brown v Stott) held that the public interest in road safety overrode the accused's right to silence - an important feature of British law for many years and implicit in the European Convention on Human Rights.
The Safe Speed organisation (
www.safespeed.org.uk) says that the eight applicants have passed the first and biggest hurdle in getting the ECHR to accept the case for consideration. Whatever you think of cameras, it will be an interesting case.
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