The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgment of the European Court of Human
Rights in the Granger case, delivered on 28 March 1990 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
the United Kingdom lodged with the European Commission of Human
Rights on 5 December 1985 under Article 25 (art. 25) of the
Convention by Mr Joseph Granger, a British national, who
complained that he had been refused legal aid for his
representation at a hearing of his appeal against conviction for
perjury;
Recalling that the case was brought before the Court by the
Government of the United Kingdom on 27 February 1989 and by the
Commission on 16 March 1989;
Whereas in its judgment of 28 March 1990 the Court:
- dismissed unanimously the government's objection of
non-exhaustion of domestic remedies;
- held unanimously that there had been a violation of
paragraph 3.c, taken together with paragraph 1, of Article 6
(art. 6-3-c, art. 6-1) of the Convention;
- held unanimously that it was not necessary to examine
the case under Articles 5, 8 and 13 (art. 5, art. 8, art. 13);
- held by four votes to three that the United Kingdom was
to pay to the applicant 1 000 pounds for non-pecuniary damage;
- held unanimously that the United Kingdom was to pay to
the applicant 7 000 pounds, inclusive of value added tax, for
legal costs and expenses;
- dismissed unanimously the remainder of the claim for
just satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of the United Kingdom to
inform it of the measures which had been taken in consequence of
the judgment of 28 March 1990, having regard to its obligation
under Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of the United Kingdom gave the
Committee information about the measures taken in consequence of
the judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of the United
Kingdom has paid the applicant the sums provided for in the
judgment,
Declares, after having taken note of the information
supplied by the Government of the United Kingdom, that it has
exercised its functions under Article 54 (art. 54) of the
Convention in this case.
Appendix to Resolution DH(91)29
Information provided by the Government of the United Kingdom
during the examination of the Granger case
before the Committee of Ministers
The whole system for the administration of legal aid was
reformed by the Legal Aid (Scotland) Act 1986 which came into
effect on 1 April 1987. In particular, the former functions of
the Legal Aid Committee of the Law Society of Scotland were
transferred to the Scottish Legal Aid Board.
The availability of legal aid in connection with an appeal
against, inter alia, conviction is determined by Section 25 of
this act and also by Section 13 of the Criminal Legal Aid
(Scotland) Regulations 1987.
As regards refusal to grant legal aid in connection with any
criminal and justiciary appeals, the Scottish Lord Justice
General circulated a Practice Note to all appeal court chairmen
and clerks on 4 December 1990.
According to this Practice Note, in any appeal where legal
aid has been refused and the court considers that, prima facie,
an appellant may have substantial grounds for taking the appeal
and it is in the interests of justice that he should have legal
representation in arguing these grounds, the court will adjourn
the hearing ex-officio, even if a request to that effect was not
put forward by the appellant, and make a recommendation to the
Legal Aid Board that the decision to refuse legal aid should be
reviewed.
The sums awarded to the applicant by the Court were paid on
5 April 1990.
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