Saunders v United Kingdom

The legality of the statements obtained under compulsion was challenged at the trial under sections 76 and 78 of the Police and Criminal Evidence Act 1984 during two occasions when the court was held a voir dire.

The Court rejected this argument, deciding that Parliament had clearly provided in the 1985 Act that answers given to DTI Inspectors may be admitted in evidence even though such admittance might override the privilege against self-incrimination.

But this was tempered by: "[the right to not self-incriminate] does not extend to the use in criminal proceedings of material which may be obtained from the accused through the use of compulsory powers but which has an existence independent of the will of the suspect such as , inter alia, documents acquired pursuant to a warrant, breath, blood and urine samples and bodily tissue for the purpose of DNA testing."

While the judgement appeared decisive the caveats reduced its impact on English law as the majority of affected statutes do not contain any ambiguity over the treatment of information given under compulsory examination.

"[1] Further in British law Brown v. Stott (2003) allowed the admission of answers obtained by compulsory questioning under section 172 of the Road Traffic Act 1988, apparently in direct opposition to the ECtHR's ruling.