Stewart (Dean) v HM Advocate

May 2, 2009 | No Comments

 

The court held that delay on the part of the complainers,  coming forward to make allegations of sexual assault against the accused, a serving police officer in a small town was not relevant for the purposes of the reasonable time requirements of Article 6(1).   The complainers had been vulnerable members of the community and, until the media reports of the two charges faced by the accused, each complainer believed that she alone had been abused by S. That situation was said to be analogous to that of children in a family or a residential home who had been abused by someone in a position of authority.

 

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Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.