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The European Court of Human Rights has today delivered at a public hearing its Grand Chamber judgment 1 in the case of O’Halloran and Francis v. United Kingdom (application nos. 15809/02 and 25624/02).
The Court held, by 15 votes to two, that there had been no violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.
Gerard O’Halloran and Idris Francis are United Kingdom nationals who were born in 1933 and 1939 respectively. Mr O’Halloran lives in London and Mr Francis lives in Petersfield (United Kingdom).
On 7 April 2000 Mr O’Halloran’s vehicle was caught on a speed camera driving at 69 miles per hour (mph) (equivalent to 111 km/h) on the M11 motorway, where the temporary speed limit was 40 mph (equivalent to 64 km/h). On 12 June 2001 Mr Francis’ car was caught on speed camera driving at 47 mph (equivalent to 75 km/h), where the speed limit was 30 mph (equivalent to 48 km/h).
In each case the applicant was subsequently informed that the police intended to prosecute the driver of the vehicle. He was asked for the full name and address of the driver of the vehicle on the relevant occasion or to supply other information that was in his power to give and which would lead to the driver’s identification. Each applicant was further informed that failing to provide information was a criminal offence under section 172 of the Road Traffic Act 1988.
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