Source: All England Reporter
Publisher Citation: [2002] All ER (D) 337 (Jul)
Court: Privy Council

Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Steyn, Lord Hope of Craighead and Lord Scott of Foscote

Representation G Bell QC and C Shead (instructed by Gilfedder & McInnes) for the defendant.
  N Davidson QC and A Summers (instructed by the Crown Office) for the first respondent.
  A Dewar QC and S Wolffe (instructed by the Solicitor to the Advocate General for Scotland) for the second respondent.
Judgment Dates: 22 July 2002


Human rights - Right to a fair trial - Criminal trial - Defendant appealing against conviction - Appeal delayed - Defendant complaining delay breaching right to fair trial - Court finding in favour of defendant - Defendant's sentence reduced - Defendant appealing level of reduction - Whether reduction appropriate and sufficient remedy - European Convention on Human Rights, arts 6(1), 50.

The Case

The defendant's appeal to the Privy Council against the High Court of Justiciary's decision to reduce his sentence in light of the breach of the defendant's right to a fair trial, under art6(1) of the European Convention on Human Rights, would be dismissed as, having regard to both domestic and European jurisprudence, the reduction in sentence was an appropriate and sufficient remedy.

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