Mark Robinson of the Garden Court Crime Team acted for the defendant, instructed by Michael Situ of Lincolns solicitors.
Mark Robinson was successful in an application for severance, where the Crown Court Judge conceded that Article 6 ECHR ‘reasonable time requirement’ had been breached. The defendant was subject to a joinder of parties, with the trial due to be heard in 2024, which then subsequently was postponed to September 2027. The defendant, of good character, would have been on bail 4.5 years before finally having his case tried in the Crown Court.
In Dyer v Watson [2004] 1 AC 379, the case concerned the ‘reasonable timeframe requirement’ and it was said, “it is plain that contracting states cannot blame unacceptable delays on a general want of prosecutors or judges or courthouses or on chronic under-funding of the legal system. It is, generally speaking, incumbent on contracting states so to organise their legal systems as to ensure that the reasonable time requirement is honoured”. The Judge was therefore unable to cite the current Crown Court backlog, underfunding of the Criminal Justice system and lack of judicial sitting days as a reason, even if genuine, for the additional 3 year delay, after the initial trial was vacated, through no fault of the defendant.
Mark then relied upon the authority of A-G’s Reference No 2 of 2001 [2004] 2 AC 72, where it was said, “if the breach is established before the hearing, the appropriate remedy may be a public acknowledgement of the breach, action to expedite the hearing to the greatest extent practicable”. The Judge then concluded that the 4 year delay is no fault of the defendant and the case “does not meet the reasonable time requirement” therefore conceding a breach of Article 6 ECHR had occurred. The Judge then reversed their original decision to join the defendant’s trial in a joinder of parties and severed the trial for an earlier fixture in 2026.
The Judge has directed there be a reporting restriction in place on the full written judgement, however, the Judge has directed that any interested press may make an application to discharge if appropriate. Please contact the Garden Court Press Enquiry Team for further information regarding this case.
