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The Scottish Criminal Cases Review Commission (SCCRC) is an executive non-departmental public body of the Scottish Government, established by the
Criminal Procedure (Scotland) Act 1995 Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
(as amended by the
Crime and Punishment (Scotland) Act 1997 ''Crime and Punishment'' ( pre-reform Russian: ; post-reform rus, Преступление и наказание, Prestupléniye i nakazániye, prʲɪstʊˈplʲenʲɪje ɪ nəkɐˈzanʲɪje) is a novel by the Russian author Fyodor Dostoevsk ...
). The commission has the
statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
power to refer cases dealt with on
indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
(''ie'' solemn procedure cases) to the
High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...
. This was extended to include summary cases by
Statutory Instrument In many countries, a statutory instrument is a form of delegated legislation. United Kingdom Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom. National government Statutory instrument ...
on 31 March 1999, immediately before the Commission took up its role in April 1999. Though funded by the Scottish Government, investigations are carried out independently of Scottish Ministers, with the Commission being accountable to the
Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
on matters of finance and
administration Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative assistant, Administrative Assistant, traditionally known as a Secretary, or also known as an admini ...
.


Governance and administration

The commission is headed by chief executive,
Gerard Sinclair Gerard Sinclair is Chief Executive of the Scottish Criminal Cases Review Commission (SCCRC). Background Gerard Sinclair is qualified in both Scots law and English law. As a solicitor in private practice for 19 years, and a senior partner with a G ...
, and staffed by a director of corporate services, two senior legal officers, six legal officers and three administrative support staff. Eight legal officers and one senior legal officer are required to deal with the commission's normal case load. In order to review the case of
Abdelbaset al-Megrahi ) , birth_date = , birth_place = Tripoli, Kingdom of Libya , death_date = , death_place = Tripoli, Libya , cause = Prostate cancer , nationality = Libyan , race = Arab , g ...
, the commission sought approval from the Scottish Executive Justice Department for the appointment of two additional legal officers and one senior legal officer. The SCCRC has a board of management of eight members appointed by Her Majesty The Queen on the recommendation of the
First Minister of Scotland The first minister of Scotland ( sco, heid meinister o Scotland; gd, prìomh mhinistear na h-Alba ) is the head of the Scottish Government and keeper of the Great Seal of Scotland. The first minister chairs ...
. As of 28 July 2018, its current members are: *Mr Bill Matthews – Chairman *Miss Frances McMenamin QC *Mr Peter Ferguson QC *Prof Jim Fraser *Dr Rajan Darjee *Mr Colin Dunipace *Mrs Elaine Noad *Mr Raymond McMenamin By statute, at least one third of the commission's members are required to be legally qualified (either an
advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
or solicitor of at least 10 years' standing) and at least two-thirds must have knowledge or experience of the
criminal justice system Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
. The Board members and the Chief Executive are required to work together to ensure that the Commission runs efficiently and effectively.


Remit and jurisdiction

The commission's role is to review and investigate cases where it is alleged that a
miscarriage of justice A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal procedure, criminal or civil procedure, civil proceeding, such as the conviction and punishment of a person for a crime they actual innocence, did not commit. Mis ...
may have occurred in relation to
conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...
, sentence or both. The commission can only review and investigate cases where the conviction and sentence were imposed by a Scottish Court (the High Court, a Sheriff Court or a
Justice of the Peace Court A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences. History The commission of the peace was originally ...
), and when the appeal process has been exhausted.


Powers

The SCCRC can investigate both solemn and summary cases. It will conduct a thorough, independent and impartial review and investigation of all cases accepted for review. The commission has wide-ranging powers of investigation. After the review has been completed the commission will decide whether or not the case should be referred to the High Court. If it is decided to refer a case, the case will be heard and determined by the
High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...
as if it were a normal appeal.


Aims

The main aims of the commission are: *To ensure that all cases are dealt with efficiently and effectively; *To deliver its services in ways appropriate to stakeholders' needs; *To promote public understanding of the commission's role; *To enhance public confidence in the ability of the criminal justice system to cure miscarriages of justice.


Confidentiality and disclosure

The commission operates under strict statutory non-disclosure provisions, and cannot disclose any information about individual cases. The commission can disclose the fact that a case has been referred to the High Court but will not release any information regarding cases in which no referral has been made or in respect of cases under review.


Statistics

As at 31 March 2007 the SCCRC had received a total of 887 cases since April 1999, when it was established. The Commission completed its review of 841 of these cases and referred 67 of them to the High Court. Of the referrals, 39 have been determined: 25 appeals were granted; 11 appeals rejected; and, 3 abandoned. Chief Executive, Gerard Sinclair, says that normally the court rules about half the referrals to be a ''miscarriage of justice'' each year, which would equate in 2003 to roughly 0.005% of the total number of Scottish criminal convictions. But, says Sinclair: "Even if it were just one wrongful conviction a year, that would still be one too many."


Budget and expenditure

The Scottish Government agreed an SCCRC budget of £1.2m for 2008–09.


Lockerbie bombing


Megrahi's 2003 application

Former SCCRC member,
William Taylor QC William Taylor, QC has been a Scottish advocate since 1971 and a QC since 1986. He has also been a barrister in England and Wales since 1990 and a Queen's Counsel there since 1998. He has specialised in criminal defence work since the 1980s. P ...
, who acted as Senior Counsel for Megrahi at the
Pan Am Flight 103 bombing trial The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set ...
and at his appeal in 2002, resigned as a Commissioner on 23 September 2003. This was the same day as the SCCRC received an application from solicitors acting on Megrahi's behalf, requesting that it review his conviction. Megrahi's appeal against his 27-year minimum jail sentence was scheduled to be heard in
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
before a panel of five Judges on 11 July 2006. This July hearing was, however, postponed to allow the question of the venue for the appeal (Edinburgh or
Camp Zeist, Netherlands The Scottish court in the Netherlands was a special sitting of the High Court of Justiciary set up under Scots law in a former United States Air Force base, Camp Zeist in Utrecht, in the Netherlands, for the trial of two Libyans charged with 270 ...
) to be resolved. On 1 November 2006 Megrahi was reported to have dropped his demand for the appeal against sentence – and any further appeal against conviction that the SCCRC might award – to be held at Camp Zeist.


SCCRC's decision

In January 2007, the SCCRC announced that it would issue its decision on Megrahi's case by the end of June 2007. On 17 June 2007 ''
The Observer ''The Observer'' is a British newspaper published on Sundays. It is a sister paper to ''The Guardian'' and ''The Guardian Weekly'', whose parent company Guardian Media Group Limited acquired it in 1993. First published in 1791, it is the w ...
'' confirmed that the SCCRC's decision was imminent and reported: :"Abdelbaset al-Megrahi never wavered in his denial of causing the Lockerbie disaster: now Scottish legal experts say they believe him." On 28 June 2007 the SCCRC announced its decision to refer the case to the Court of Criminal Appeal for Megrahi's second appeal against conviction, having concluded: :"that there is no reasonable basis in the trial court's judgment for its conclusion that the purchase of the items lothes that were found in the wreckage of the planefrom Mary's House n Maltatook place on 7 December 1988." It is anticipated that preparation for the appeal before a panel of three Judges in Edinburgh could take as long as a year.


International observer's view

Professor
Hans Köchler Hans Köchler (born 18 October 1948) is a retired professor of philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United N ...
, who was appointed by UN Secretary General,
Kofi Annan Kofi Atta Annan (; 8 April 193818 August 2018) was a Ghanaian diplomat who served as the seventh secretary-general of the United Nations from 1997 to 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize. He was the founder ...
, to observe the
Pan Am Flight 103 bombing trial The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set ...
at
Camp Zeist, Netherlands The Scottish court in the Netherlands was a special sitting of the High Court of Justiciary set up under Scots law in a former United States Air Force base, Camp Zeist in Utrecht, in the Netherlands, for the trial of two Libyans charged with 270 ...
was reported to be baffled by the SCCRC's four-year delay in reaching a conclusion. Köchler said: :"In my experience as observer of the Lockerbie trial, the
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
system is superior to the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
system (practised in Scotland), particularly in matters of
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
. It is indeed revealing that it takes the SCCRC so many years (that are apparently needed, ''inter alia'', for secret negotiations between the governments of the involved countries) to announce its decision on whether there should be a retrial in the Lockerbie case or not." Following the SCCRC's decision on 28 June 2007 to refer the case back for a second appeal, Köchler expressed surprise at the focus of the commission's review and its apparent bias in favour of the judicial establishment: :"In giving exoneration to the police, prosecutors and forensic staff, I think they show their lack of independence. No officials to be blamed: simply a Maltese shopkeeper." On 4 July 2007 Köchler wrote to Scottish First Minister,
Alex Salmond Alexander Elliot Anderson Salmond (; born 31 December 1954) is a Scottish politician and economist who served as First Minister of Scotland from 2007 to 2014. A prominent figure on the Scottish nationalist movement, he has served as leader ...
, to Foreign Secretary,
David Miliband David Wright Miliband (born 15 July 1965) is the president and chief executive officer (CEO) of the International Rescue Committee and a former British Labour Party politician. He was the Foreign Secretary from 2007 to 2010 and the Member of P ...
, to Home Secretary,
Jacqui Smith Jacqueline Jill Smith (born 3 November 1962) is a British broadcaster, political commentator and former Labour Party politician. She was Member of Parliament (MP) for Redditch from 1997 to 2010. She served as Home Secretary from 2007 to 2009 ...
, and to FCO Minister of State with responsibility for Africa, Asia and the UN,
Mark Malloch Brown George Mark Malloch Brown, Baron Malloch-Brown (born 16 September 1953) is a British diplomat, communications consultant, journalist and former politician serving as president of Open Society Foundations since 2021, having previously served as ...
describing the SCCRC's decision as "long overdue" and calling for a full and independent public inquiry into the Lockerbie case.


Administration of the Lockerbie review

On page 16 of the 2007–2008 annual report and accounts of the SCCRC, published on 4 June 2008, chief executive Gerald Sinclair has written a summary of the SCCRC's ''administration of the Lockerbie review''.


See also

*
Criminal Cases Review Commission The Criminal Cases Review Commission (CCRC) is the statutory body responsible for investigating alleged miscarriages of justice in England, Wales, and Northern Ireland. It was established by Section 8 of the Criminal Appeal Act 1995 and bega ...
*
Ernest Barrie Ernest Barrie (born 1955) is a Scottish killer who is notable for having killed a man after having previously had his conviction for robbery quashed with help from the '' Rough Justice'' programme, which investigated supposed miscarriages of ju ...
– Scottish man who's conviction was quashed after a '' Rough Justice'' campaign only for him to go on to kill a man


References


External links


Scottish Criminal Cases Review Commission
{{Scottish Executive NDPBs, expand Legal organisations based in Scotland Pan Am Flight 103 Scottish criminal law Criminal Cases Review Penal system in Scotland High Court of Justiciary 1995 establishments in Scotland 1995 in British law Government agencies established in 1995 Organisations based in Glasgow Scottish commissions and inquiries