PROCURATOR FISCAL, GLASGOW v. ROSEANN BOYLE [2000] ScotSC 15 (14th June, 2000)

PROCURATOR FISCAL, GLASGOW v. ROSEANN BOYLE [2000] ScotSC 15 (14th June, 2000)

The delay of almost 10 months between the accused being charged and the case calling in court, in a simple summary prosecution, was unreasonable and unexplained. This constituted a breach of Article 6(1) ECHR, and the complaint was therefore incompetent and dismissed.

Citation
[2000] ScotSC 15
Parties
Prosecutor: Procurator Fiscal, Glasgow; Accused: Roseann Boyle
Jurisdiction
Scotland
Procedural Posture
Criminal Summary Prosecution / Preliminary Diet; Motion to Dismiss Complaint as Incompetent
Outcome
complaint dismissed as incompetent
Legal Topics
Right to a Hearing Within a Reasonable Time, Article 6(1) ECHR, Prosecutorial Delay, Devolution Issue, Scotland Act 1998 Section 57(2)
Criminal Law Human Rights Law Constitutional Law Right to a Hearing Within a Reasonable Time Article 6(1) ECHR Prosecutorial Delay Devolution Issue Scotland Act 1998 Section 57(2)

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Parties

Procurator Fiscal, Glasgow

Prosecutor

Roseann Boyle

Accused

Procedural Posture

Criminal Summary Prosecution / Preliminary Diet; Motion to Dismiss Complaint as Incompetent

Legal Issues

  1. 1 Whether the accused's right to a hearing within a reasonable time under Article 6(1) ECHR was breached
  2. 2 Whether the complaint should be dismissed as incompetent due to prosecutorial delay

Ratio Decidendi

The delay of almost 10 months between the accused being charged and the case calling in court, in a simple summary prosecution, was unreasonable and unexplained. This constituted a breach of Article 6(1) ECHR, and the complaint was therefore incompetent and dismissed.

Court Disposition

complaint dismissed as incompetent

Orders

  • Complaint dismissed due to breach of Article 6(1) ECHR; accused not brought to trial within a reasonable time.