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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice.
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Can I be forced to give incriminating evidence against

Resolved Question:

Can I be forced to give incriminating evidence against myself? I am being told to say who was driving/speeding If I tell them but don't sign form can I still be "done"?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Yes.
S172 is exempt from the rule against self incrimination.
This issue has been considered by Europe and found to be within reasonable limits many years ago I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Once I was in same position & told them but didn't sign so It didn't become a statement,after a bit of to & fro & threats to prosecute I heard nothing more,I wasn't withholding info as they said,I told them,but because I didn't sign it wasn't a statement so couldn't be used as evidence. Is this still the case?
Customer: replied 1 year ago.
D
Expert:  Jo C. replied 1 year ago.
If you do not answer a S172 request then they will summons you for failing to identify the driver which carries six points and a much higher fine I'm afraid.
Customer: replied 1 year ago.
I'm not withholding information, I will tell them I was driving,but what if I DONT sign the form? I AM telling them what they want to know!
Expert:  Jo C. replied 1 year ago.
Not signing the form makes no difference although they could charge you on the basis that you haven't properly acknowledged it and probably they would succeed.
Customer: replied 1 year ago.
OK thank you
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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