M. Funke successfully challenged his conviction for failing to provide documents which the customs authorities had demanded of him, on the grounds that his rights under Article 6 had been infringed: ‘The Court notes that the customs secured Mr. Funke’s conviction in order to obtain certain documents which they believed must exist, although they were not certain of the fact. Being unable or unwilling to procure them by some other means, they attempted to compel the applicant himself to provide the evidence of offences he had allegedly committed. The special features of customs law cannot justify such an infringement of the right of ‘anyone charged with a criminal offence’ within the autonomous meaning of this expression in Article 6, to remain silent and not to contribute to incriminating itself.’
Citations:
(1993) 16 EHRR 297, 10828/84, [1993] ECHR 7, (1993) Series A No 256-A
Links:
Statutes:
European Convention on Human Rights 6
Jurisdiction:
Human Rights
Cited by:
Cited – Regina v Allen HL 11-Oct-2001
The defendant appealed against a finding that he had concealed an emolument, namely accommodation. He said that, as a shadow director of the company within the extended meaning of that phrase under the Act, the deeming provisions under Income Tax . .
Cited – Office of Fair Trading v Not Named (D) ComC 14-May-2003
The Office sought a warrant to enter the respondent’s premises.
Held: The powers which allowed entry by force into the premises by the Office were granted in pursuace of a legitimate aim. The Office had vital responsibility for the maintenance . .
Cited – Regina v Mushtaq HL 21-Apr-2005
The defendant was convicted of fraud charges. He sought to have excluded statements made in interview on the basis that they had been obtained by oppressive behaviour by the police. His wife was very seriously ill in hospital and he had made the . .
Cited – Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another HL 17-Feb-2000
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal . .
Cited – Keegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
Cited – Hafner and Hochstrasser (A Firm), Regina (on the Application of) v Australian Securities and Investments Commission Admn 5-Mar-2008
The Commission renewed its application for a review of a decision on their request for judicial assistance in obtaining evidence from the firm. The firm had produced confidential documents to the court, and not disclosed to the Commission.
Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 04 June 2022; Ref: scu.165248