Is there a right to remain silent in speeding offences? Seamus Burns investigates
In O’Halloran and another v United Kingdom (App Nos 15809/02 and 25624/02) [2007] All ER (D) 07 (Jul), the first applicant, Gerard O’Halloran, the registered keeper of a car, was caught on a speed camera driving at 69mph on a motorway where the speed limit was temporarily 40mph.
The police had subsequently served a notice of intention to prosecute (NIP) on O’Halloran, informing him they intended to institute proceedings against the driver of the vehicle, and asked him to provide the full name and address of the driver of the vehicle on the relevant occasion within 28 days. Failure to provide this information was a criminal offence and would result in a fine of £1,000 and three to six penalty points, under the Road Traffic Act 1988 (RTA 1988), s 172. The applicant answered the NIP confirming he was the driver at the relevant time and was convicted of speeding.
By contrast, Idris Francis was the registered keeper of a car caught on a speed camera driving at 47mph on a road
