PROCEDURE

The case originated in an application (no. 57836/00) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a United Kingdom national, Mr Spencer James Mellors (“the applicant”), on 12 January 2000.

The applicant, who had been granted legal aid, was represented by Mr J. Carroll, a lawyer practising in Glasgow. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Whomersley of the Foreign and Commonwealth Office, London.

The applicant alleged that his criminal proceedings exceeded a reasonable time contrary to Article 6 § 1 of the Convention.

The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

On 19 June 2001, the Court rejected part of the application as inadmissible.

On 1 November 2001, the Court changed the composition of its sections (Rule 25 § 1). This case was assigned to the newly composed Third Section.

By a final decision of 30 January 2003, the Court declared the application partly admissible.

The applicant and the Government each filed observations on the merits (Rule 59 § 1). The Chamber decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine).

THE FACTS

The applicant was born in 1964 and is currently serving a sentence of imprisonment in HM Prison Craiginches, Aberdeen.

The applicant was arrested on a charge of attempted murder arising out of a high speed car chase which occurred in the early hours of 29 October 1995. On 30 October 1995, he was arrested again, interviewed and cautioned in respect of a separate incident of rape and assault which also occurred during the early morning of 29 October 1995.

On 31 October 1995, the applicant appeared in court in respect of the various road traffic offences and the attempted murder of a police officer. On 7 November 1995, he was fully committed and remanded in custody on those charges (of which he was later acquitted).

On 30 November 1995, the applicant appeared before the Sheriff and was committed in respect of the rape charge.

On 24 June 1996, the trial began in the High Court. On 2 July 1996, the applicant was convicted, by a majority verdict, of all charges and sentenced to 9 years 9 months' imprisonment.

On 8 July 1996, the applicant lodged an intention to appeal with the High Court sitting as an appeal court. On 20 August 1996, a Note of Appeal was lodged.

On 26 September 1996, a single judge refused the appeal. The applicant appealed.

On 31 October 1996, the Note of Appeal was allowed by three judges in restricted terms relating to the direction given by the trial judge on the special defence of alibi.

On 20 December 1996, the appeal was set down to be heard. According to the Government, it did not take place as the applicant refused to leave prison. The applicant stated that contrary to statutory authority the prison governor refused to allow him to leave the prison wearing civilian clothes instead of a prison uniform for the hearing. A further hearing was fixed for 22 May 1997. On that date, the Crown requested, and obtained, an adjournment as the Advocate Depute was engaged abroad.

On 19 November 1997, the appeal was set down to be heard. It was discontinued due to lack of court time and pressure of other business. It was noted that the appeal was complex and would last half a day.

On 13 and 14 January 1998, there was another appeal hearing. As the applicant's solicitor had become aware that the prosecution had never cited a witness, W. to appear at the trial, he had lodged and argued an additional ground of appeal on this point. Following argument, he sought to lodge further additional grounds of appeal. The appeal was continued to 13 February 1998 to enable him to do so.

On 13 February 1998, the High Court held that the failure to hear the evidence of W. resulted in unfairness and that further evidence should be heard. Lord Philip was designated as the judge to hear the evidence. On 28 May 1998, he fixed a date to take the evidence of W. On 20 August 1998, the hearing was adjourned as the applicant's counsel withdrew from acting on his behalf.

On 16 October 1998, W. gave evidence. In his note of 20 November 1998, Lord Philip gave his view of the credibility and reliability of W. The appeal was relisted for hearing on 8 January 1999 but the applicant's solicitors wrote to the court requesting that another date, possibly in the following week, be fixed due to the unavailability of counsel.

On 24 June 1999, the appeal was heard before the High Court.

On 22 July 1999, the judgment of the court was given by the Lord Justice General, Lord Rodger. It dismissed the applicant's appeal.