Scottish Criminal Cases Review Commission

Scottish Criminal Cases Review Commission
Name	Scottish Criminal Cases Review Commission
Formation	1999
Type	Non-departmental public body
Headquarters	Edinburgh
Location	Scotland
Leader title	Chair
Parent organisation	Scottish Ministers

Scottish Criminal Cases Review Commission The Scottish Criminal Cases Review Commission is an independent public body established to investigate potential miscarriages of justice in Scotland. It examines applications from convicted individuals and may refer cases to the High Court of Justiciary when it considers a real possibility that the conviction or sentence would not be upheld. The body operates at the intersection of criminal justice institutions and appellate remedies in Edinburgh, Inverness, Glasgow and throughout Scotland.

History

The Commission was created following campaigning by claimants and advocacy groups after high-profile cases such as Lockerbie bombing-related disputes and the aftermath of inquiries into wrongful convictions like the cases connected with Ian Brady-era investigations and the wider attention given to the Guildford Four and Birmingham Six appeals. Its statutory foundation derived from the Criminal Procedure (Scotland) Act 1995 discussions and the devolved powers exercised by the Scottish Parliament after 1999. Early commissioners drew on expertise from retired judges from the Court of Session, prosecutors from the Crown Office and Procurator Fiscal Service, defence advocates from Faculty of Advocates and investigators with experience at agencies such as Police Scotland. Over its first decades the Commission handled referrals arising from complex matters involving forensic science debates exemplified in controversies tied to the Forensic Science Service and evolving procedures influenced by rulings from the European Court of Human Rights.

Mandate and Functions

Statutorily established, the Commission’s remit is to review alleged miscarriages of justice in criminal convictions and sentences across Scotland, with authority derived from legislation enacted by the Scottish Parliament and operational oversight involving the Scottish Ministers. It accepts applications from convicted persons, examines evidence from the Crown Office and Procurator Fiscal Service, defence representatives including solicitors from firms such as Bindmans-style practices and advocates from the Advocates Library, and seeks expert input from institutions like the University of Edinburgh and Strathclyde University forensic departments. When the Commission concludes there is a real possibility that the conviction or sentence would not be upheld, it can refer the matter to the High Court of Justiciary for reconsideration. Its functions also include outreach to organisations such as SAY Women and Victim Support Scotland to balance rights and public interest considerations.

Organization and Governance

The Commission is governed by a board of commissioners appointed by Scottish Ministers following procedures influenced by public appointments guidance from bodies akin to the Commissioner for Public Appointments in Scotland. Chairs and members have frequently been drawn from former judiciary like the Sheriff Court bench, senior figures from the Crown Office and Procurator Fiscal Service, and academic lawyers affiliated with University of Glasgow or University of Aberdeen. The Commission maintains administrative offices in Edinburgh and regional contacts across Glasgow and Dundee, with operational links to prosecutorial services such as the Crown Office, policing bodies including Police Scotland, and court services administered under the Scottish Courts and Tribunals Service. Financial oversight is subject to budgeting and accounting frameworks reported to the Scottish Government and parliamentary committees such as the Justice Committee of the Scottish Parliament.

Case Review Process

Applicants submit cases often supported by solicitors from firms and representatives from organisations like Amnesty International or legal aid clinics at institutions such as University of Dundee. The Commission undertakes a preliminary assessment, obtains disclosure from the Crown Office and Procurator Fiscal Service, and may commission expert reports from forensic bodies including university laboratories and private providers formerly akin to the Forensic Science Service. Investigations can involve witness interviews, liaison with police forces such as Police Scotland and archival research at repositories like the National Records of Scotland. If after investigation the Commission identifies a real possibility that a conviction or sentence will not be upheld by the High Court of Justiciary, it issues a referral; otherwise it issues a statement refusing referral. Decisions have been informed by precedents from appellate authorities including the Supreme Court of the United Kingdom and jurisprudence from the European Court of Human Rights.

Notable Cases and Impact

The Commission has handled cases that attracted media attention and legal debate, with referrals leading to appellate reconsideration in matters comparable in profile to the Lockerbie bombing litigation and echoing public interest seen in the Westminster bombing-era appeals. Its work affected discussions in legal education at institutions like University of Edinburgh and University of Glasgow and influenced reforms considered by the Scottish Parliament and the Justice Committee. High-profile referrals have involved complex forensic issues and contributed to scrutiny of expert testimony similar to scrutiny following cases associated with the Forensic Science Service controversies. The Commission’s interventions have occasionally resulted in quashed convictions at the High Court of Justiciary, prompting debates involving civil liberties organisations such as Liberty and human rights advocacy by Scottish Human Rights Commission.

Criticism and Controversies

Critics have argued that the Commission’s threshold for referrals is either too high or too low, prompting scrutiny from defence groups including Scottish Criminal Bar Association and victim organisations such as Victim Support Scotland. Political oversight questions have been raised in the Scottish Parliament debates and by commentators in outlets covering legal affairs tied to the Justice Committee. Concerns about investigatory powers, resource constraints, and delays have been highlighted in reports by audit bodies comparable to the Audit Scotland regime and in academic critiques emanating from law faculties at University of Strathclyde and University of Aberdeen. Some controversies involved disputes over disclosure obligations between the Commission and the Crown Office and Procurator Fiscal Service and tensions with police forces including Police Scotland about access to material.

Category:Law of Scotland