The defendant had been sentenced to a non-custodial sentence, but the crown appealed, and two years later, a custodial sentence was substituted.
Held: The delay was a breach of the Convention’s reasonable time requirement under article 6 of the convention. The reasonableness must be looked at in the context of the particular case, including its complexity. Here there was no good reason advanced for the delay. The delay was unreasonable. ‘According to the Court’s case-law, the reasonableness of the length of proceedings must be assessed in the light of the particular circumstances of the case and having regard to the criteria laid down in the Court’s case-law, in particular the complexity of the case and the conduct of the applicant and the authorities dealing with the case.’
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; No violation of Art. 3; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings
Times 10-Oct-2000, 38081/97, [2000] ECHR 423
Worldlii, Bailii
European Convention on Human Rights 6.1
Human Rights
Citing:
Cited – Pelissier and Sassi v France ECHR 25-Mar-1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-a; Violation of Art. 6-1+6-3-b; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and . .
Cited by:
Cited – Lloyd v Bow Street Magistrates Court Admn 8-Oct-2003
The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a . .
Cited – Bullen and Soneji v The United Kingdom ECHR 8-Jan-2009
The claimants said that the confiscation and money-laundering proceedings taken against them had taken too long, with delays of 43 months out of a total of 66 month case attributable to the state.
Held: The delay was too long. The applicants . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 August 2021; Ref: scu.165928
