Scottish Criminal Cases Review Commission

Scottish Criminal Cases Review Commission
Name	Scottish Criminal Cases Review Commission
Type	Non-departmental public body
Jurisdiction	Scotland
Headquarters	Glasgow
Chief1 name	Bill Matthews
Chief1 position	Chair
Chief2 name	Gerry Moynihan
Chief2 position	Chief Executive
Website	https://www.sccrc.org.uk/

Scottish Criminal Cases Review Commission. The Scottish Criminal Cases Review Commission is an independent public body established to review alleged miscarriages of justice in the Scottish criminal justice system. It investigates cases where individuals have been convicted in a Scottish court and have exhausted their normal rights of appeal. The Commission has the power to refer cases back to the High Court of Justiciary for a fresh appeal if it believes a miscarriage of justice may have occurred.

History and establishment

The Commission was established following the passage of the Crime and Punishment (Scotland) Act 1997, which created a statutory body to review potential wrongful convictions. Its formation was influenced by high-profile miscarriages of justice in other jurisdictions, such as those addressed by the Court of Appeal (England and Wales) and the Criminal Cases Review Commission for England, Wales and Northern Ireland. The body became operational in April 1999, replacing a more limited system where the Secretary of State for Scotland could refer cases under the Criminal Procedure (Scotland) Act 1995. The creation of the Commission was a key recommendation following the Scottish Office inquiry into the conviction of Patrick Meehan.

Powers and remit

The Commission's statutory powers are derived from the Criminal Procedure (Scotland) Act 1995 as amended. It can review convictions from any sheriff court or the High Court of Justiciary. Its primary power is to refer a case back to the Appeal Court of the High Court of Justiciary if it believes a miscarriage of justice may have occurred. The Commission can investigate cases based on new evidence or arguments not raised during the original trial or appeal. It has extensive investigatory powers, including the ability to compel the production of documents and materials from public bodies like the Crown Office and Procurator Fiscal Service and Police Scotland.

Notable cases reviewed

The Commission has referred several high-profile cases that resulted in convictions being quashed. These include the case of Andrew Walker, convicted of the 1996 murder of Anne Nicoll in Perth, which was referred in 2018. It also reviewed the conviction of Nat Fraser for the murder of his wife Arlene Fraser, referring it twice to the High Court of Justiciary. The Commission referred the case of Luke Mitchell, convicted of the murder of Jodi Jones in Dalkeith, though his appeal was unsuccessful. Other significant referrals include cases involving Shirley McKie and the Scottish Criminal Record Office.

Process and procedure

Applications to the Commission are typically made by the convicted person or their legal representatives after the exhaustion of the normal appeal process. The Commission conducts a preliminary assessment before deciding whether to undertake a full review. During an investigation, a case review manager is appointed, and the Commission may instruct forensic experts, consult with Advocate Depute or seek opinions from senior counsel. The final decision to refer a case is made by a committee of at least three Commissioners. The entire process is governed by strict statutory timelines and its own published Statement of Reasons.

Governance and structure

The Commission is a non-departmental public body sponsored by the Scottish Government's Justice Directorate. It is headed by a Board of Commissioners appointed by His Majesty's Government on the recommendation of the First Minister. The current Chair is Bill Matthews; previous chairs have included Jean Couper and David Belfall. The Chief Executive, Gerry Moynihan, leads the operational staff based in its Glasgow office. The Commission's budget is provided by the Scottish Parliament and it reports annually to the Scottish Ministers.

Criticism and controversy

The Commission has faced criticism over the length of its investigations, with some reviews taking several years to complete. Its decisions not to refer high-profile cases, such as that of Angela Wright following the Murder of Emma Caldwell, have been publicly contested. Legal scholars and practitioners, including members of the Faculty of Advocates, have occasionally questioned the interpretation of its statutory test for referral. The Commission's independence from the Lord Advocate and the Crown Office has been a recurring topic of debate within the Scottish legal system, particularly following referrals that challenge original prosecutions.

Category:Scottish criminal law Category:Government agencies established in 1999 Category:Organisations based in Glasgow