CEDH · PRESS;HEARINGS;ENG — 27 septembre 2006

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   534 27.9.2006   Press release issued by the Registrar   GRAND CHAMBER HEARING O’HALLORAN AND FRANCIS v. UNITED KINGDOM   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 27   September 2006 at 9 a.m., in the case of O’Halloran and Francis v. United Kingdom (application nos. 15809/02 and 25624/02).   The applicants   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).   Summary of the facts   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.   Mr O’Halloran answered his letter confirming that he was the driver at the relevant time. Mr Francis, however, wrote to the police invoking his right to silence and privilege against self-incrimination.   On 27 March 2001 Mr O’Halloran was tried before North Essex Magistrate’s Court. Prior to the trial, he sought unsuccessfully to have his confession excluded as evidence, relying on sections 76 and 78 of the Police and Criminal Evidence Act 1984 read in conjunction with Article 6 (right to a fair trial) of the Convention. He was convicted of driving in excess of the speed limit and fined 100 pounds sterling (GBP) (equivalent to 147.66   euros   (EUR)), ordered to pay GBP 150 (EUR 221.49) costs and had his licence endorsed with six penalty points. On 19 October 2001 his application for judicial review of the magistrates’ decision was refused.   On 28 August 2001 Mr Francis was summoned to the Magistrates’ Court for failing to comply with section 172(3) of the Road Traffic Act 1988. On 15 April 2002 he was convicted and fined GBP 750 (EUR 1,107.49) with GBP 250 (EUR 369.16) costs and three penalty points. He maintains that the fine was substantially heavier than that which would have been imposed had he pleaded guilty to the speeding offence.   Complaints   Mr O’Halloran complains that he was convicted solely or mainly on account of the statement he was compelled to provide under threat of a penalty similar to the offence itself. Mr Francis complains that being compelled to provide evidence of the offence he was suspected of committing infringed his right not to incriminate himself. Both applicants rely on Article 6 §§   1 (right to a fair trial) and 2 (presumption of innocence) of the European Convention on Human Rights.   Procedure   The applications were lodged with the European Court of Human Rights on 3 April 2002 and 5 November 2001 and declared admissible on 25 October 2005. On 11 April 2006 the Chamber of the Court dealing with the case relinquished jurisdiction in favour of the Grand Chamber, under Article 30 [1] of the Convention.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Nicolas Bratza (British), Boštjan M. Zupančič (Slovenian), Riza Türmen (Turkish) Volodymyr Butkevych (Ukrainian), Josep Casadevall (Andorran), Matti Pellonpää (Finnish), Snejana Botoucharova (Bulgarian), Stanislav Pavlovschi (Moldovan), Lech Garlicki (Polish), Javier Borrego Borrego (Spanish), Alvina Gyulumyan (Armenian), Ljiljana Mijović (citizen of Bosnia and Herzegovina), Egbert Myjer (Netherlands), Ján Šikuta (Slovakian), judges , Dean Spielmann (Luxemburger), Khanlar Hajiyev (Azerbaijani), Nina Vajić (Croatian), substitute judges , and also Vincent Berger , Section Registrar .   Representatives of the parties   Government :   Derek Walton , Agent ,   David Perry , Counsel ,   Lisa Clarke, Mark Magee and Jerry Moore , Advisers ;   Applicant :   Ben Emmerson , Counsel,   James Welch, Solicitor ,   Danny Friedman , Adviser .   The applicants, Gerard O’Halloran and Idris Francis , will also attend the hearing.     ***   After the hearing the Court will begin its deliberations, which are held in private.   Press Contacts   Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Beverley Jacobs (telephone: 00 33 (0)3 90 21 54 21)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.