Majority Decision of the Judicial Committee of the Privy Council in the Appeal of R v (1) Her Majesty's Advocate and (2) The Advocate General for Scotland

That the Parliament expresses its grave concern about the implications for the criminal justice system of the majority decision of the Judicial Committee of the Privy Council in the appeal of R v (1) Her Majesty’s Advocate and (2) The Advocate General for Scotland, delivered on 28 November 2002; notes that the appeal arose from an indictment served for trial at the sitting of the High Court at Edinburgh on 2 October 2001 and included charges of indecent behaviour against four young girls including acts on dates when two of the girls were about three years old; notes that, notwithstanding delay in bringing those charges to trial, no submission was made that "R" would not get a fair trial nor was it held that a fair trial was other than still possible; notes the construction placed by the majority of the judges on the application of section 57(2) of the Scotland Act 1998; believes that the human rights obligation to bring accused persons to trial within a reasonable time might be vindicated by remedies other than dismissal of serious charges without inquiry by a jury; asserts that the right to be brought to trial is comprised in a right to be brought to trial without undue delay and not a right to escape trial because of undue delay and that the moral authority of human rights in the eyes of the public must not be undermined by allowing them to distort existing and sensible protections of our criminal justice system, and calls upon the Scottish Executive to recognise the competing interests of the public and accused persons where a finding is made that there has been unreasonable delay in criminal proceedings and to take all necessary measures to minimise or avoid the draconian effects on the prosecution system of this decision.