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At this preliminary diet I am invited by Mr Alonzi for the accused to dismiss the indictment as incompetent. The contention is that by virtue of section 57(2) of the Scotland Act 1998 the Lord Advocate has no power to prosecute this case since to do so would be incompatible with the accused's right under Article 6(1) of the European Convention on Human Rights in the following terms:
"In the determination ... of any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time ...".
The Advocate Depute maintains that the indictment has been brought within a reasonable time in terms of Article 6(1).
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Common Room
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