CRAIG GARRY COOK v. HER MAJESTY'S ADVOCATE [2000] ScotSC 21 (21st August, 2000)

CRAIG GARRY COOK v. HER MAJESTY'S ADVOCATE [2000] ScotSC 21 (21st August, 2000)

The delay in bringing the accused to trial was not unreasonable in the circumstances. Article 6(1) ECHR does not require special expedited treatment solely because the accused was a child at the time of the alleged offence. The plea in bar of trial is rejected.

Citation
[2000] ScotSC 21
Parties
Minuter: Craig Garry Cook; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Procedural Posture
Criminal / Plea in Bar of Trial (devolution Issue) Prior to Trial
Outcome
Plea in bar of trial rejected; trial to proceed.
Legal Topics
Devolution Issue, Article 6(1) ECHR, Trial Within Reasonable Time, Child Accused, Reasonableness of Delay
Criminal Law Human Rights Law Constitutional Law Devolution Issue Article 6(1) ECHR Trial Within Reasonable Time Child Accused Reasonableness of Delay

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Parties

Craig Garry Cook

Minuter

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal / Plea in Bar of Trial (devolution Issue) Prior to Trial

Legal Issues

  1. 1 Whether delay in bringing a child accused to trial contravenes Article 6(1) ECHR as incorporated by Scotland Act 1998, section 57(2)
  2. 2 Whether age of accused requires expedited trial under human rights law

Ratio Decidendi

The delay in bringing the accused to trial was not unreasonable in the circumstances. Article 6(1) ECHR does not require special expedited treatment solely because the accused was a child at the time of the alleged offence. The plea in bar of trial is rejected.

Court Disposition

Plea in bar of trial rejected; trial to proceed.