The appellants had appealed sentences for conspiracy to murder. There had been an inordinate delay between leave to appeal having been granted, and the appeal being heard.
Held: The appellants’ rights had been infringed by the delay, and they had a right to redress. That could be satisfied by a reduction in the sentences of one year. This was however an exceptional case.
Judges:
Mantell LJ, Treacey, Simon JJ
Citations:
Times 10-Dec-2002, [2002] EWCA Crim 2782
Links:
Statutes:
European Convention on Human Rights Art 6.1
Citing:
Cited – Attorney General’s Reference (No 2 of 2001) CACD 12-Jul-2001
When assessing whether the defendant’s right to a trial within a reasonable time had been infringed, the court should look as from the date at which he was charged, or served with a summons, and not from the date of the first interview. Although a . .
Cited – Mills v HM Advocate and Another PC 22-Jul-2002
(The High Court of Justiciary) The defendant appealed on the basis that the delay in the sentencing process had resulted in an infringement of his human rights.
Held: The appeal itself had been without merit. The delay had been to such an . .
Cited by:
Appeal from – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Criminal Sentencing
Updated: 06 June 2022; Ref: scu.178368