FRANK DOCHERTY v. HER MAJESTY'S ADVOCATE [2000] ScotHC 2 (14th January, 2000)

FRANK DOCHERTY v. HER MAJESTY'S ADVOCATE [2000] ScotHC 2 (14th January, 2000)

The period of 7 years and 2 months between charge and trial was excessive and inadequately explained by the Crown. The explanation of limited resources and case complexity did not justify the prolonged inactivity, especially given earlier delays. The Sheriff erred in accepting the Crown's explanation without proper legal assessment. The appellant's right to a trial within a reasonable time under Article 6(1) ECHR was breached.

Citation
[2000] ScotHC 2
Parties
Appellant: Frank Docherty; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Procedural Posture
Criminal Appeal / Continued Note of Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Right to Trial Within Reasonable Time, Article 6(1) ECHR, Plea in Bar of Trial, Delay in Prosecution
Criminal Law Human Rights Law Right to Trial Within Reasonable Time Article 6(1) ECHR Plea in Bar of Trial Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Frank Docherty

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Continued Note of Appeal Against Sentence

Legal Issues

  1. 1 Whether the delay of 7 years and 2 months between charge and trial breached Article 6(1) ECHR right to trial within a reasonable time
  2. 2 Whether the Crown provided adequate explanation for the delay

Ratio Decidendi

The period of 7 years and 2 months between charge and trial was excessive and inadequately explained by the Crown. The explanation of limited resources and case complexity did not justify the prolonged inactivity, especially given earlier delays. The Sheriff erred in accepting the Crown's explanation without proper legal assessment. The appellant's right to a trial within a reasonable time under Article 6(1) ECHR was breached.

Court Disposition

appeal allowed

Orders

  • Remit the case to the Sheriff to sustain the plea in bar and dismiss the indictment.