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the right to appeal against the judge's decision to the High Court. The 80-day and 110-day periods begin from the day of committal to custody and not from the day of arrest or first appearance in court, and apply only when the accused is held in custody on a committal warrant.
210. Under the provision laid down in section 331A of the Criminal Procedure (Scotland) Act 1975, as amended by section 14 (2) of the Criminal Justice (Scotland) Act 1980, the trial of an accused person must begin not later than 40 days from the bringing of the complaint (summons) in court. This time-limit may be extended in the circumstances given above in relation to solemn procedure, but the applications for such an extension should be made to the sheriff and not to the High Court. Again, if this time-limit is exceeded, the accused must be liberated and may not, thereafter, be tried for the offence concerned. When bail has been granted in a case to be dealt with under solemn proceedings, the trial must begin within 12 months of the accused person's first appearance in court. In summary cases involving statutory offences, when bail is granted, the general rule is that the trial should commence within six months of the commission of the offence, although some statutes provide for a longer period from the offence to the commencement of the trial. In cases involving offences under the common law, there is no time-limit within which the trial of the accused must take place. Again, in both solemn cases and in summary cases involving statutory offences, if the accused person is not brought to trial at the end of these time-limits, then that person may not be tried for the offence concerned.
211. The Northern Ireland (Emergency Provisions) Act 1987 enabled the Secretary of State for Northern Ireland to make regulations to set time-limits in relation to preliminary proceedings for terrorist-related offences, in view of the concern at the length of time during which terrorist suspects were being held on remand before trial. This power has not so far been exercised; but a number of administrative measures have been taken within the criminal justice system in order to eliminate avoidable delays. For those in custody at the time of trial charged with scheduled offences, the average period from remand to committal fell from 27 weeks in 1985 to 24 weeks in 1988, and from committal to arraignment from 16 weeks to 9 weeks.
Compensation for wrongful conviction
212. Since the second report, the United Kingdom has introduced legislation to incorporate on a statutory basis the provisions of article 14, paragraph 6, of the Covenant. Under section 133 of the Criminal Justice Act 1988, a person convicted of a criminal offence which has been quashed by the Court of Appeal, under application made outside the normal time-limits or following action by the Secretary of State to refer the matter to the Court of Appeal or in respect of which a pardon has been granted, has a right to apply for payment of compensation. If the person concerned has died, his or her personal representative may submit an application.
213. The final decision on whether compensation under the section is due rests with the Secretary of State (subject to review by the courts), who will consider whether the overturning of the conviction was due to a new or newly discovered fact showing beyond reasonable doubt that there had been a miscarriage of justice, and whether the non-disclosure of the fact was not attributable to the person concerned. If the Secretary of State considers