Criminal Litigation

The Privy Council considered the effect of delay in criminal proceedings.

HELD Where delay jeopardises the fairness of a forthcoming trial or where, for any compelling reason, it is not fair to try an accused at all, it is axi­omatic that the accused should not be tried at all. Where either of these conditions is held to apply, the proceedings must be brought to an end.

Where there has (or may have been) such delay in the con­duct of proceedings as to breach a party’s right to trial within a reasonable time, but where the fairness of the trial has not been or will not be compromised, such delay does not give rise to a continuing breach which cannot be cured save by a discontinuation of proceedings.

Rather, it gives rise to a breach which can be cured, even where it cannot be prevented, by expedition, reduction of sentence or compensation, provided always that the breach, where it occurs, is publicly acknowledged and addressed.