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03 January 2008
Issue: 7302 / Categories: Case law , Law digest , In Court
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Criminal Litigation

Spiers (Procurator Fiscal) v Ruddy [2007] UKPC D2

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.

Issue: 7302 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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