Source: All England Reporter
Publisher Citation: [2002] All ER (D) 441 (Nov)
Court: Privy Council

Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Rodger of Earlsferry and Lord Walker of Gestingthorpe

Judgment Dates: 28 November 2002


Human rights - Right to fair and public hearing - Criminal proceedings - Unreasonable delay in prosecution of criminal charge - Power to continue prosecution - s 57(2) - European Convention on Human Rights, art 6(1)

The Case

It was incompatible with the defendant's right to a determination of a criminal charge against him within a reasonable time for the Lord Advocate to continue to prosecute him on charges 1 and 3 of the indictment and, as the Lord Advocate had no power to do an act which was incompatible with any Convention rights, that the plea in bar should be sustained and those charges dismissed from the indictment.

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