Prosecutor’s failure to observe time limits14
1
This article applies if the prosecutor—
a
purports to act under article 3, but does not comply with the requirement to act as soon as reasonably practicable under article 3(8); or
b
purports to act under article 12(5), but does not comply with the requirement to act as soon as reasonably practicable.
2
Subject to paragraph (3), the failure to comply with the relevant requirement does not on its own constitute grounds for staying the proceedings for abuse of process.
3
Paragraph (2) does not prevent the failure constituting such grounds if it involves such delay by the prosecutor that the accused is denied a fair trial.