After a road accident in the UK, a driver is legally bound to admit that he was behind the wheel. However, in one case in Scotland, an appeal court found that this was a breach of a suspect's right to silence under the European Convention on Human Rights. An English case also involved the right to silence when the judge ruled that police could not ask the drivers who was driving the car when it was filmed. Both cases depended on Article 6 of the Convention, the right to a fair trial, but the text of Article 6 does not actually say that an offender has the right to remain silent. Much depends on the Article's interpretation. Although some politicians have warned of a flood of legal appeals from drivers already convicted of driving offences, the legislation imposes a balance between the rights of individuals and the rights of society. Until any such case has been tested in the appeal court, the Association of Chief Police Officers (ACPO) warns that the police will continue to mount prosecutions. ACPO is also expressing concern about the uncertainties for both hauliers and the police that new EU legislation will bring. Hauliers should examine various Convention rights in everything that they do, especially the implications for employment of their staff; they need to use their common sense but be more careful.

  • Availability:
  • Corporate Authors:

    Reed Business Information, Limited

    Quadrant House, The Quadrant
    Brighton Road
    Sutton, Surrey  United Kingdom  SM2 5AS
  • Authors:
    • NEWMAN, S
  • Publication Date: 2000-8


  • English

Media Info

  • Features: References;
  • Pagination: p. 40-1
  • Serial:
    • Volume: 192
    • Issue Number: 4887
    • Publisher: Reed Business Information, Limited
    • ISSN: 0010-3063

Subject/Index Terms

Filing Info

  • Accession Number: 00799834
  • Record Type: Publication
  • Source Agency: Transport Research Laboratory
  • Files: ITRD
  • Created Date: Oct 6 2000 12:00AM