| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 13 (Jul) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Lord Woolf CJ, Wright and Grigson JJ |
| Representation | Tim Watson (instructed by Canter Levin & Berg, Liverpool) for the defendant. |
| David Perry and Robin McCoubrey (instructed by the Treasury Solicitor) for the Attorney General. | |
| Judgment Dates: | 2 July 2001 |
Catchwords
Criminal law - Trial - Delay - Right to be tried within a reasonable time - Pre-trial delay - Whether proceedings should be stayed on ground that there had been breach of right to be tried within a reasonable time notwithstanding that accused could not demonstrate any prejudice arising from delay - Relevant time period for determining whether criminal charge had been heard within a reasonable time - European Convention on Human Rights, art 6(1).
The Case
Generally, criminal proceedings should not be stayed on the ground that there had been a violation of the reasonable time requirement in art6(1) of the Convention in circumstances where the accused could not demonstrate any prejudice arising from the delay.
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