“A breach of the requirement, under art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, that criminal charges against an accused should be determined within a reasonable time did not give rise to a continuing breach which could not be cured save by a discontinuation of proceedings and, consequently, the Lord Advocate did not act incompatibly with a person’s Convention right by continuing to prosecute him after such a breach had occurred.”
Spiers (Procurator Fiscal) v Ruddy [2007] UKPC D2
WLR Daily, 13th December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
