Right to Silence Applications accepted by ECHR
Discussion
My application, supported by ABD and Liberty, and 7 others, have now been accepted by the European Court of Human Rights.
The issues in question are of course whether
(1) Confessions of having been the driver of a vehicle involved in speeding etc, obtained under duress by way of threats of penalties for not confessing, are admissible as evidence to secure conviction. Most of the relevant cases involve identification of drivers when speed camera photographs cannot do so - as the rarely do.
(2) Whether it is permissible to penalise anyone for failing to confess to an offence
This is of course being done hundreds of times every day under S172 1988 RTA
Both issues fall under Article 6 of the European Convention, the right to a fair trial, and the right to silence implicit in that Article. The right to silence has of course been a central aspect of criminal law in Britain for many centuries, and remains so in respect of almost all non-motoring offences, from theft to murder.
The next step is that the Government has to respond by 18th January (though they may ask for a postponement)
We then have the chance to respond to the Government's response and the case then continues its passage through the ECHR for a verdict, probably in 2006.
Liberty tell me that the great majority of applications are not accepted, for one reason or another, and so we have overcome the first hurdle at which most applicants fail.
Please do NOT copy to the media for the moment, while those involved decide on an appropriate Press Release
Cheers
Idris
* The issues in question are of course whether
(1) Confessions of having been the driver of a vehicle involved in speeding etc, obtained under duress by way of threats of penalties for not confessing, are admissible as evidence to secure conviction. Most of the relevant cases involve identification of drivers when speed camera photographs cannot do so - as the rarely do.
(2) Whether it is permissible to penalise anyone for failing to confess to an offence
Both issues fall under Article 6 of the European Convention, the right to a fair trial, and the right to silence implicit in that Article. The right to silence has of course been a central aspect of criminal law in Britain for many centuries, and remains so in respect of almost all non-motoring offences, from theft to murder.
IF
The issues in question are of course whether
(1) Confessions of having been the driver of a vehicle involved in speeding etc, obtained under duress by way of threats of penalties for not confessing, are admissible as evidence to secure conviction. Most of the relevant cases involve identification of drivers when speed camera photographs cannot do so - as the rarely do.
(2) Whether it is permissible to penalise anyone for failing to confess to an offence
This is of course being done hundreds of times every day under S172 1988 RTA
Both issues fall under Article 6 of the European Convention, the right to a fair trial, and the right to silence implicit in that Article. The right to silence has of course been a central aspect of criminal law in Britain for many centuries, and remains so in respect of almost all non-motoring offences, from theft to murder.
The next step is that the Government has to respond by 18th January (though they may ask for a postponement)
We then have the chance to respond to the Government's response and the case then continues its passage through the ECHR for a verdict, probably in 2006.
Liberty tell me that the great majority of applications are not accepted, for one reason or another, and so we have overcome the first hurdle at which most applicants fail.
Please do NOT copy to the media for the moment, while those involved decide on an appropriate Press Release
Cheers
Idris
* The issues in question are of course whether
(1) Confessions of having been the driver of a vehicle involved in speeding etc, obtained under duress by way of threats of penalties for not confessing, are admissible as evidence to secure conviction. Most of the relevant cases involve identification of drivers when speed camera photographs cannot do so - as the rarely do.
(2) Whether it is permissible to penalise anyone for failing to confess to an offence
Both issues fall under Article 6 of the European Convention, the right to a fair trial, and the right to silence implicit in that Article. The right to silence has of course been a central aspect of criminal law in Britain for many centuries, and remains so in respect of almost all non-motoring offences, from theft to murder.
IF
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