Practice and Procedure

PROCURATOR FISCAL (LINLITHGOW) V (1) JOHN WATSON (2) PAUL BURROWS : HM ADVOCATE V JK (2002)

PUBLISHED January 29, 2002
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[2002] UKPC D 1

A period of 20 months between charging two police officers with perjury and bringing them to trial did not violate their right to a fair trial within a reasonable time under Art.6(1) European Convention on Human Rights. However, a period of 28 months between charging a child with serious sexual offences and bringing him to trial did give rise to such a violation. The Board reserved for another occasion the question of whether a breach of the reasonable time requirement necessarily led to dismissal of the criminal proceedings.

PC (Sc) (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Hutton, Lord Millett, Lord Rodger of Earlsferry)

29/01/2002

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