An alleged child abuser will not be tried on two charges of indecency after judges ruled his human rights had been breached by a delay in the case.

The 46-year-old, identified only as R, had been charged with six offences of indecent behaviour involving young girls.

The decision split Scottish and English Law Lords and has overturned previous rulings by High Court and Appeal Court judges in Scotland.

The man's lawyers challenged two of the charges against him which were made as far back as August 1995.

Delays are contrary to the public interest and must be kept under strict control

Lord Hope

Because the trial was not set until October last year they argued the delay had breached his human rights.

Five law lords at the Judicial Committee of the Privy Council were asked to decide.

The three Scots judges ruled the two charges of indecency should be dropped but the two English law lords disagreed.

One warned the move could lead to a huge increase in applications for delays in the criminal courts "with detrimental effect on the administration of justice".

One of the Scottish Law Lords, Lord Hope, said: "My judgement is that the result of this case will be beneficial in Scotland, as it will tend to reinforce the philosophy which has always informed Scottish criminal justice that delays are contrary to the public interest and must be kept under strict control."

Moral authority

Lord Hope said he recognised that there was "genuine concern" from the English Law Lords in the case, Lord Steyn and Lord Walker, about the implications of it for the justice system in England and Wales.

Lord Steyn, who dissented from the majority decision with Lord Walker, said: "The moral authority of human rights in the eyes of the public must not be undermined by allowing them to run riot in our justice systems."

He warned that if the same view was taken in England it would lead to a huge increase in applications for a stay of prosecution in criminal courts.

The man still faces being prosecuted on the other four indecency charges.