[2002] UKPC D 2

A delay in the hearing of an appeal which breached an appellant's right under Art.6(1) European Convention on Human Rights could be adequately compensated by a reduction in sentence. The preferred approach was to firstly identify the remedy ordinarily thought to be appropriate in domestic law and secondly to consider whether that remedy might achieve satisfaction for the breach as indicated by the jurisprudence of the European Court.

PC (Sc) (Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Steyn, Lord Hope of Craighead, Lord Scott of Foscote)

22/07/2002

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