Fw: [Slower Speeds UK] Human rights, round one
- x-post: This is good news indeed! S
----- Original Message -----
From: Paige Mitchell <info@...>
To: slower-speeds-uk <slower-speeds-uk@...>
Sent: Saturday, April 28, 2001 7:12 PM
Subject: [Slower Speeds UK] Human rights, round one
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> MORE Northamptonshire, a truly useful website. This is the most
> informative piece I've seen on the Lords' ruling last year. It might
> still come in handy.
> Human Rights is Not An Issue
> The county's Safety Camera Project team have welcomed the official
> news that an individual's Human Rights are not breached when a
> driver identifies him or herself as an offending motorist in a
> speeding incident.
> Since the Human Rights Act became law in October 2000, a number of
> motorists caught speeding in Northamptonshire have written or
> phoned the Project to question whether their Human Rights are
> affected when they incriminate themselves.
> The multi-agency Safety Camera Project team, including
> representatives from Northamptonshire Police, the County Council,
> and Magistrates, have always been confident that what was being
> asked for from drivers was legal. This is because Section 172 of
> the Road Traffic Act 1988, which requests driver information, is
> primary legislation, and notices requesting driver information are
> legitimate investigative tools. They do not invite any admission
> of substantive wrongdoing. Accordingly, Article 6 (2) and the
> limited rule against self-incrimination are not violated.
> On December 5 2000, the Privy Council sat in relation to a
> Scottish drink-drive self-incrimination case. The five Law Lords
> made a ruling in favour of upholding the offence against a
> Margaret Anderson Brown. A unilateral decision by all five Lords
> was taken to uphold that 'No breach in compulsory admission' had
> Superintendent Steve Chamberlain, from the Safety Camera Project,
> said: "Although we were totally confident that what we were asking
> for was legal, a number of motorists questioned it and we eagerly
> anticipated the result of 'the Scottish case' to set a precedent.
> "We welcome the decision of the Privy council which clearly
> indicates that self-incrimination in relation to a driving
> offence, be that drink-driving or speeding, is not in breach of
> Human Rights.
> "Our enforcement process is not in breach of motorists' Human
> Rights and we hope drivers will now move away from this issue and
> concentrate on the more important issue of slowing down and saving
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