Article 6(1)

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  • Created by: Twil
  • Created on: 12-12-15 11:29
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  • Article 6(1) Hearing should be held in a reasonable time
    • Not for remand prisoners
    • How long is too long?
      • Paillot v France 2000 Haemophiliac infect with HIV from transfusion. sought compensation. 7-yr case. Breach as >3yrs, no reasonable explanation
        • Criteria to be used state of proceedings at start of case, nature and complexity of case, conduct of parties, seriousness, stakes for applicant
    • Crucial  time period ? time from notification of charge - trial start
    • Reilly v HMA 2000 embezzlement charge 1991, changed to 1996 - trial 1999. Due to devolution issues. Not a breach.

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