License to Speed?

A landmark legal ruling could open the floodgates for thousands of appeals from motorists already convicted of driving offences after a judge decided two drivers accused of speeding should not be prosecuted because police paperwork infringed their human rights.

West Midlands police sent the two men standard letters asking for the name and address of the person who was driving the vehicle. But the letters also gave notice to the owners that the police were considering a prosecution for dangerous driving - a combination which fell foul of article six of the European Convention on Human Rights.

Under the convention, due to come in force in the Autumn, anyone suspected of a crime has the right to remain silent so as not to incriminate his or her self.

The CPS confirmed it was considering an appeal against the ruling, while the Home Office said if higher courts upheld the judgement, ministers recognised they would have to change the law or bring in a new one. At this time it is not clear if the ruling will be upheld, or if it is that older convictions can be overturned on its result.