European court of human rights

[Neezer]

Isn't there a clause in that little bit of legislation that is similar to the one in the USA that goes something along the lines of not being able to incriminate yourself? i.e You get scammed and you know it was you driving, but you are legally entitled not to 'give admisssion of evidence as it would incriminate yourself' type thing.

Im sure this has been banded about before, but a search didn't come up with anything.

Speeding IS a criminal offence -so surely that would apply? or is this info just massively out of date?

[Boosted LS1]

Yep but it doesn't apply over here at the moment due to some Richard of a chief constable saying we had to incrimate ourselves on the grounds of making the roads safer and lowering accident rates. I don't know the in's and outs but your right to silence was removed, at least for the time being.

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[kevinday]

Various cases are waiting to be heard in the ECHR, and ECJ. The trick is to get the court to accept the case, once they accept it you are in a strong position. Problem is lead time is several years.

[off_again]

As Kevin says - from what I understand there several cases currently going to the ECHR, well into the teens from what I understand!

Previous case history in this area indicates that the claimants have a very good case. It is in direct contrivention of the Human Rights Act and hence its unlawful. You cant incriminate yourself in anything else, yet you can for a speeding fine.... its a flippin' joke.

Mind you, I wont hold my breath for the "loophole" remaining for long. They will pass an amendment to the current law and get around it that way.

[Boosted LS1]

What would interest me is if at court you explained your rights under magna carta and eec law etc but still got convicted, illegally Would you be entitled to compensation and a clean license? The flood gates could open.

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