silence is not specifically mentioned in the European Convention on Human Rights but the European Court of Human Rights has held that The 2007 case of O'Halloran and Francis v. United Kingdom was held by the European Court of Human Rights that the right to silence did not extend to motorists who refused to provide information about who was driving a speeding car when asked by the police. Exceptions The Regulation of Investigatory Powers Act 2000 s.49 and s.53 make it a criminal offence (with a penalty of two years in prison, or five years with regards to child sex offences) to fail to disclose when requested the key to any encrypted information. When a vehicle is alleged to have been involved in an offence, section 172 of the Road Traffic Act 1988, as amended by section 21 of the Road Traffic Act 1991 enables the police to require the vehicle's registered keeper, or any other relevant person, to provide information as to the identity of the vehicle's driver. A special warning is given indicating that refusal to do so constitutes an offence in itself. Under the Police Reform Act 2002 a person failing to provide a constable in uniform or designated person their name and address where they are suspected of having behaved or behaving in an anti-social manner is a criminal offence. See also Mute of malice, a defendant in a criminal case who willfully chooses not to speak Fifth Amendment to the United States Constitution References Further reading Criminal procedure English criminal law