Practice and Procedure

DAVID SPIERS, PROCURATOR FISCAL (Appellant) v KEVIN GERARD RUDDY (Respondent) & HM ADVOCATE (Intervener) (2007)

PUBLISHED December 12, 2007
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[2007] UKPC D2

Where there had been a breach of the reasonable time requirement in the European Convention on Human Rights 1950 Art.6(1) in the determination of criminal charges, it would not be incompatible with the defendant's Art.6(1) right for the Lord Advocate to continue to prosecute him in circumstances where a fair trial remained possible and there was no other compelling reason why it would be unfair to try him.

PC (Sc) (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Mance, Lord Neuberger of Abbotsbury)

12/12/2007

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