| O'Halloran and Francis v. United Kingdom | |
|---|---|
| Decided 29 June 2007[1] | |
| Full case name | O'HALLORAN AND FRANCIS v. THE UNITED KINGDOM |
| ECLI | [2007] ECHR 545, (2008) 46 EHRR 21 |
| Chamber | Grand Chamber |
| Language of proceedings | English |
| Nationality of parties | British |
| 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.
- ^ "O'Halloran & Francis v. UK European Court of Human Rights". Motor Defence Solicitors. 29 June 2007. Retrieved 11 January 2022.
- ^ "O'HALLORAN AND FRANCIS - 15809/02 [2007] ECHR 545 (29 June 2007)". Bailii.org. Retrieved 11 January 2022.