Areas of Law / Crime

My son was caught in a speed trap and didn’t supply any information about the identification of the driver. He’s now been issued with a summons. I thought there was a European law about the right to silence?

Under the Human Rights Act (which incorporated the European Convention into British law) you have the right to a fair trial, including a right not to incriminate yourself. However the courts have decided that there is no conflict between this right and your obligation under the Road Traffic Act to supply details of the driver of a vehicle where it is alleged that an offence has been committed. Individuals have a possible defence that they are unable to provide the information despite “reasonable diligence”.

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