HER MAJESTY'S ADVOCATE v. JAMES HYND [2000] ScotHC 59 (9th May, 2000)
The unexplained delay of approximately ten months in prosecuting a straightforward case, where the accused's appearance on petition would ordinarily be expected within about three months of the police report, constituted a breach of the accused's right to be brought to trial within a reasonable time under Article 6(1) ECHR. The indictment was therefore dismissed as incompetent.
- Citation
- [2000] ScotHC 59
- Parties
- Prosecutor: Her Majesty's Advocate; Accused: James Hynd
- Jurisdiction
- Scotland
- Procedural Posture
- Criminal / Preliminary Diet
- Outcome
- indictment dismissed as incompetent
- Legal Topics
- Right to Fair Trial, Reasonable Time for Trial, Article 6 ECHR, Scotland Act 1998, Delay in Prosecution
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty's Advocate
Prosecutor
James Hynd
Accused
Procedural Posture
Criminal / Preliminary Diet
Legal Issues
- 1 Whether the indictment should be dismissed as incompetent due to breach of the accused's right to a hearing within a reasonable time under Article 6(1) ECHR.
Ratio Decidendi
The unexplained delay of approximately ten months in prosecuting a straightforward case, where the accused's appearance on petition would ordinarily be expected within about three months of the police report, constituted a breach of the accused's right to be brought to trial within a reasonable time under Article 6(1) ECHR. The indictment was therefore dismissed as incompetent.
Court Disposition
indictment dismissed as incompetent
Orders
- plea in bar of trial sustained
- indictment dismissed
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