Pros And Cons Of The Right To Speedy Trial

Of course, no length of time is per se too long to pass scrutiny under this principle nor the accused is called upon to show the actual prejudice by delay of disposal of cases. On the other hand, the Court has to adopt a balancing approach by taking note of the possible prejudices and disadvantages to be suffered by the accused by avoidable delay and to determine whether the accused in a criminal proceeding has been deprived of his right of having speedy trial with unreasonable delay which could be identified by the factors,—(1) length of delay; (2) the justification for the delay; (3) the accused’s assertion of his right to speedy trial; and (4) prejudice caused to the accused by such delay. However, the fact of delay is dependent on the circumstances