William Beggs v. Her Majesty's Advocate [2011] HCJAC 49

Application for reduction of the punishment part of the sentence of life imprisonment:- Following a finding of guilt after trial the applicant was sentenced to life imprisonment, with a punishment part of twenty years being specified. On 9 March 2010 the Appeal Court issued its opinion, refusing all the grounds of appeal against conviction. The applicant sought leave to appeal to the Supreme Court. That application was refused by the High Court on 27 May 2010. On 16 December the Supreme Court refused permission to appeal to it. On 29 July 2010 the applicant lodged a devolution minute in which he contended that there had been a breach of his right under Article 6 of the European Convention of Human Rights to a hearing of the criminal charges against him within a reasonable time. Here the court considered whether the application was competent in the manner sought or whether it is necessary to make such a contention in a ground of appeal, which had not been done here. The court went on to consider the issue of delay having regard to the particular circumstances of the case and whether the period until the final disposal of the appeal was such as to give grounds for real concern.