J, R. v [2001] EWCA Crim 1568 (02 July 2001)

J, R. v [2001] EWCA Crim 1568 (02 July 2001)

Criminal proceedings should not be stayed solely for breach of the Article 6(1) ECHR reasonable time requirement unless the accused can demonstrate serious prejudice such that a fair trial is not possible; the relevant time period for Article 6(1) generally commences at charge or summons, unless the accused is...

Source-derived case information.

Citation
[2001] EWCA Crim 1568
Parties
Applicant: Attorney General; Respondent: The Acquitted Offender
Jurisdiction
England and Wales
Judgment Date
02 July 2001
Procedural Posture
Attorney General's Reference (criminal) / Court of Appeal Determination of Points of Law Under Section 36 Criminal Justice Act 1972
Outcome
Qualified negative answer to the first question; clarification of the commencement of the reasonable time period for Article 6(1) ECHR.
Legal Topics
Abuse of Process, Right to Fair Trial, Article 6 ECHR, Reasonable Time Requirement, Remedies for Delay
Criminal Law Human Rights Law Abuse of Process Right to Fair Trial Article 6 ECHR Reasonable Time Requirement Remedies for Delay

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Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

The Acquitted Offender

Respondent

Procedural Posture

Attorney General's Reference (criminal) / Court of Appeal Determination of Points of Law Under Section 36 Criminal Justice Act 1972

Legal Issues

  1. 1 Whether criminal proceedings may be stayed for breach of Article 6(1) ECHR reasonable time requirement absent prejudice to the accused
  2. 2 When does the relevant time period commence for Article 6(1) ECHR reasonable time requirement

Ratio Decidendi

Criminal proceedings should not be stayed solely for breach of the Article 6(1) ECHR reasonable time requirement unless the accused can demonstrate serious prejudice such that a fair trial is not possible; the relevant time period for Article 6(1) generally commences at charge or summons, unless the accused is substantially affected earlier.

Court Disposition

Qualified negative answer to the first question; clarification of the commencement of the reasonable time period for Article 6(1) ECHR.

Orders

  • The court answers the Attorney General's questions as set out in the judgment; no order for a stay is mandated absent prejudice.