Safe Speed Forums

I have often wondered about S172 as applied to non motoring cases. How about this for a hypothetical scenario:-

A car goes though a speed camera and sets it off. When the picture is developed it shows the car going across the white lines with the rear numberplate visible.

Also in the frame is a young child getting into a van. The numberplate of the van is also visible. The child later turns out to have been abducted.

The owner of the car is required under section 172 to identify the driver at the time

Is the owner of the van also bound by the same rule or does he have the rite to silence.

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Speed camera policy Kills

Well if the offence is 'serious' (ie. the penalty could result in a jail-term) as is the case with abduction, then S172 no longer applies (see the Privy council decision on this, a few years back), and yes, that driver would have the right to silence.

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Carl Prescott

I would think that your hypothetical van owner has the right to silence when interviewed by police. It would be up to the authorities to find enough evidence to charge him with abduction. After all, we all know that the evil motorist has fewer rights under the law than other criminals.