PROCURATOR FISCAL, ELGIN v. CLIVE ARTHUR BURTON [2012] ScotSC 88 (29 August 2012)

PROCURATOR FISCAL, ELGIN v. CLIVE ARTHUR BURTON [2012] ScotSC 88 (29 August 2012)

The date of service of the complaint, not the police interview, was the official notification of the charge. There was no unreasonable delay or breach of Article 6 ECHR, and no oppression at common law. The devolution minute and plea in bar of trial were dismissed.

Citation
[2012] ScotSC 88
Parties
Prosecutor: Procurator Fiscal, Elgin; Accused: Clive Arthur Burton
Jurisdiction
Scotland
Judgment Date
29 August 2012
Procedural Posture
Criminal Summary Prosecution / Preliminary Plea and Devolution Minute
Outcome
Devolution minute and plea in bar of trial dismissed; accused to plead.
Legal Topics
Unreasonable Delay, Article 6 ECHR, Right to Fair Trial, Forensic Evidence, Plea in Bar of Trial
Criminal Law Human Rights Law Unreasonable Delay Article 6 ECHR Right to Fair Trial Forensic Evidence Plea in Bar of Trial

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Parties

Procurator Fiscal, Elgin

Prosecutor

Clive Arthur Burton

Accused

Procedural Posture

Criminal Summary Prosecution / Preliminary Plea and Devolution Minute

Legal Issues

  1. 1 Whether delay in prosecution breached accused's Article 6 ECHR rights
  2. 2 Whether the starting point for Article 6 time calculation is police interview or service of complaint
  3. 3 Whether delay amounted to oppression at common law

Ratio Decidendi

The date of service of the complaint, not the police interview, was the official notification of the charge. There was no unreasonable delay or breach of Article 6 ECHR, and no oppression at common law. The devolution minute and plea in bar of trial were dismissed.

Court Disposition

Devolution minute and plea in bar of trial dismissed; accused to plead.

Orders

  • Common law plea in bar of trial repelled
  • Devolution minute dismissed