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Human Rights Update

04 October 2007 / Susan Nash
Issue: 7291 / Categories: Features , Human rights
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SELF INCRIMINATION >>
ADVERSE Possession >>
INHERITANCE TAX >>
MARGIN OF Appreciation >>

RIGHT TO REMAIN SILENT

Relying on Art 6 of the European Convention on Human Rights (the Convention) which guarantees the right to a fair trial, the applicants in O’Halloran v United Kingdom (App No 15809/02); Francis v United Kingdom (App No 25624/02), (2007) The Times, 13 July complained that the nature of information sought by a notice of intended prosecution under the 1988 Road Traffic Act (RTA 1988), s 172 violated their right to remain silent and their privilege against self-incrimination. In both cases the applicants’ cars had been caught on speed camera.

As registered keepers of the vehicles they were served notices of an intention to prosecute and asked for the details of the driver on the relevant occasion, or information which would lead to the driver’s identification. Each applicant was further informed that failing to provide information was a criminal offence under RTA 1988, s 172. Although the first applicant admitted that he was the driver, he complained that his conviction was based solely or mainly on a statement

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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