Source: All England Reporter
Publisher Citation: [2002] All ER (D) 15 (Nov)
Court: Divisional Court

Kennedy LJ and Pitchers J

Representation Robert Hornby (instructed by Ewan Davis) for the authority.
  Nicholas Mason (instructed by John Owen & Co) for the respondent.
Judgment Dates: 4 November 2002


Human rights - Right to fair and public hearing - Criminal proceedings - Right to trial within reasonable time - Enforcement notice - Point at which criminal proceedings commence - European Convention on Human Rights, art 6(1).

The Case

Time did not begin to run for the purposes of art6(1) of the European Convention on Human Rights in respect of proceedings issued for failure to comply with an enforcement notice until informations had been laid and a summons issued, rather than from the point when the period for compliance with the enforcement notice had expired.

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