Practice and Procedure

HM ADVOCATE V (1) DP (2) SM 2001 (2001)

PUBLISHED February 16, 2001

The 23-month delay between juveniles being charged with rape and the date fixed for their trial, which meant the hearing would not take place within a reasonable time under Art.6(1) European Convention on Human Rights, contained many unaccountable periods of inactivity by the prosecution such that the defendants' plea in bar of trial was sustained.

HCJ (Lord Reed)