O'Halloran and Francis v. United Kingdom

O'Halloran and Francis v. United Kingdom
Decided 29 June 2007[1]
Full case nameO'HALLORAN AND FRANCIS v. THE UNITED KINGDOM
ECLI[2007] ECHR 545, (2008) 46 EHRR 21
ChamberGrand Chamber
Language of proceedingsEnglish
Nationality of partiesBritish
Ruling
Automobile owners do not have the right to remain silent when asked by police to identify a speeding driver
Court composition
President
Jean-Paul Costa
Judges
Instruments cited
Article 6

O'Halloran and Francis v. United Kingdom was a 2007 European Court of Human Rights case. The case revolved around a challenge to a requirement in the United Kingdom's Road Traffic Act 1988 that owners of a speeding vehicle provide police with the name of the driver. The plaintiffs, two British citizens, argued that the requirement was a violation of Article 6 of the European Convention on Human Rights, under which there exists an implied right to remain silent.[2] In a departure from previous rulings on the issue, the court ruled in a 15–2 majority that the Road Traffic Act requirement was not unreasonable and that there was therefore no Human Rights violation.

  1. ^ "O'Halloran & Francis v. UK European Court of Human Rights". Motor Defence Solicitors. 29 June 2007. Retrieved 11 January 2022.
  2. ^ "O'HALLORAN AND FRANCIS - 15809/02 [2007] ECHR 545 (29 June 2007)". Bailii.org. Retrieved 11 January 2022.

© MMXXIII Rich X Search. We shall prevail. All rights reserved. Rich X Search