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04 October 2007 / Susan Nash
Issue: 7291 / Categories: Features , Human rights
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Human Rights Update

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SELF INCRIMINATION >>
ADVERSE Possession >>
INHERITANCE TAX >>
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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

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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