Scottish Criminal Cases Review Commission
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The Scottish Criminal Cases Review Commission (SCCRC) (
The commission has the
Though funded by the Scottish Government, investigations are carried out independently of Scottish Ministers, with the Commission being accountable to the Scottish Parliament on matters of finance and administration.
Governance and administration
The commission is headed by chief executive, Gerard Sinclair, 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, 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
- 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[2]
By statute, at least one third of the commission's members are required to be legally qualified (either an
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
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 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,
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.[6] On 17 June 2007 The Observer 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."[7]
On 28 June 2007 the SCCRC announced
- "that there is no reasonable basis in the trial court's judgment for its conclusion that the purchase of the items [clothes that were found in the wreckage of the plane] from Mary's House [in Malta] took 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
- "In my experience as observer of the Lockerbie trial, the Roman law system is superior to the common law system (practised in Scotland), particularly in matters of criminal law. 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."[9][10]
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."[11]
On 4 July 2007 Köchler wrote to Scottish First Minister, Alex Salmond, to Foreign Secretary, David Miliband, to Home Secretary, Jacqui Smith, and to FCO Minister of State with responsibility for Africa, Asia and the UN, Mark Malloch Brown describing the SCCRC's decision as "long overdue" and calling for a full and independent public inquiry into the Lockerbie case.[12]
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.[13]
See also
- Criminal Cases Review Commission
- Rough Justicecampaign only for him to go on to kill a man
References
- ^ "The Scottish Criminal Cases Review Commission (Application to Summary Proceedings) Order 1999, SI 1999/1181". Opsi.gov.uk. Retrieved 16 May 2011.
- ^ "The Board". Sccrc.org.uk. Retrieved 28 July 2018.
- ^ "Lockerbie bomb appeal lined up for summer". The Scotsman. 5 May 2006. Retrieved 8 August 2015.
- ^ "Bomber bids for £1m return to Dutch court". The Scotsman. 9 June 2006. Retrieved 8 August 2015.
- ^ "Appeal rethink for Lockerbie bomber". The Scotsman. 1 November 2006. Retrieved 8 August 2015.
- ^ "Decision in June 2007 on Megrahi's case". Archived from the original on 7 August 2011. Retrieved 16 May 2011.
- ^ Townsend, Mark; Smith, David (25 June 2007). "Evidence that casts doubt on who brought down Flight 103". The Observer. London. Retrieved 18 April 2017.
- ^ "referral of Megrahi case". Archived from the original on 3 May 2011. Retrieved 16 May 2011.
- ^ "Statement of Dr Hans Köchler, international observer at the Lockerbie trial". I-p-o.org. Retrieved 16 May 2011.
- ^ "Double standards in criminal justice: Pan Am Flight 103 v HIV trial in Libya" (PDF). Retrieved 16 May 2011.
- ^ "Criticism of the SCCRC by Dr Hans Köchler". I-p-o.org. Retrieved 16 May 2011.
- ^ Paul Kelbie (8 July 2007). "UN observer calls for fresh Lockerbie probe". The Guardian. UK. Retrieved 18 April 2017.
- ^ "SCCRC's administration of the Lockerbie review". Archived from the original on 7 August 2011. Retrieved 16 May 2011.