Scottish Criminal Cases Review Commission
Encyclopedia
The Scottish Criminal Cases Review Commission (SCCRC) is a non-departmental public body
Scottish public bodies
Public bodies of the Scottish Government are organisations that are funded by the Scottish Government. It includes executive and advisory non-departmental public bodies ; tribunals; and nationalised industries....

 in Scotland, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997).

The Commission has the statutory power to refer cases dealt with on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 (ie solemn cases) to the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...

. This was extended to include summary cases by Statutory Instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...

 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
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

 on matters of finance and administration
Public administration
Public Administration houses the implementation of government policy and an academic discipline that studies this implementation and that prepares civil servants for this work. As a "field of inquiry with a diverse scope" its "fundamental goal.....

.

Governance and administration

The Commission is headed by Chief Executive, Gerard Sinclair
Gerard Sinclair
Gerard Sinclair LLB is Chief Executive of the Scottish Criminal Cases Review Commission .-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 Glasgow law firm, his legal experience covered all areas...

, and staffed by a Director of Corporate Services, 2 Senior Legal Officers, 6 Legal Officers and 3 admin 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 2 additional Legal Officers and 1 Senior Legal Officer.

The SCCRC has a Board of Management of 9 members appointed by Her Majesty The Queen
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...

 on the recommendation of the First Minister of Scotland
First Minister of Scotland
The First Minister of Scotland is the political leader of Scotland and head of the Scottish Government. The First Minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy...

. As of 1 January 2009, its current members are:
  • Jean Couper CBE, Chairman
  • Mr David Belfall
    David Belfall
    David Belfall is Chairperson of Glasgow Council for the Voluntary Sector and a Non-Executive Member of the NHS Lothian Board.-Previous appointments:...

  • Mr Graham Bell QC
    Graham Bell QC
    Graham Clark Bell OBE QC is a Scottish advocate.He has been instructed regularly in the Criminal Appeal Court since being called to the Bar. As both Junior and Senior Counsel he has conducted many important appeals. From 1998 to 2000 he was an Advocate Depute and represented The Crown in the Appeal...

  • Professor Brian Caddy
  • Mr Stewart Campbell
  • Mr Gerard McClay
  • Professor George Irving
  • Mr Gerry Bann
  • Mr Christopher Shead


By statute, at least one third of the Commission's members are required to be legally qualified (either an advocate
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...

 or solicitor of at least 10 years' standing) and at least two thirds must have knowledge or experience of the criminal justice system.

The Board members and the Chief Executive are required to work together to ensure that the Commission runs efficiently and effectively.

Role of the SCCRC

The Commission's role is to review and investigate cases where it is alleged that a miscarriage of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...

 may have occurred in relation to conviction, sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...

 or both. The Commission can only review and investigate cases where the conviction and sentence were imposed by a Scottish Court (the High Court
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...

, the Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...

 or the District Court
District Courts of Scotland
A District Court was the least authoritative type of criminal court in Scotland. The court operated under summary procedure and dealt primarily with minor criminal offences...

), 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
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...

 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."

Megrahi's 2003 application

Former SCCRC member, William Taylor QC
William Taylor QC
William Taylor, QC has been a Scottish advocate since 1971 and a QC since 1986. Mr Taylor has also been a barrister in England and Wales since 1990 and a QC there since 1998...

, who acted as Senior Counsel for Megrahi at the Pan Am Flight 103 bombing trial
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...

 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
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...

 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) 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
The Observer is a British newspaper, published on Sundays. In the same place on the political spectrum as its daily sister paper The Guardian, which acquired it in 1993, it takes a liberal or social democratic line on most issues. It is the world's oldest Sunday newspaper.-Origins:The first issue,...

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
Court of Criminal Appeal
The Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.- Ireland :See 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 [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 Hans Köchler
Hans Köchler
Hans Köchler is a 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 Nations...

, who was appointed by UN Secretary General, Kofi Annan
Kofi Annan
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the UN from 1 January 1997 to 31 December 2006...

, to observe the Pan Am Flight 103 bombing trial
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...

 at Camp Zeist, Netherlands 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
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...

 system is superior to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 system (practised in Scotland), particularly in matters of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

. 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
Alex Salmond
Alexander Elliot Anderson "Alex" Salmond MSP is a Scottish politician and current First Minister of Scotland. He became Scotland's fourth First Minister in May 2007. He is the Leader of the Scottish National Party , having served as Member of the Scottish Parliament for Gordon...

, to Foreign Secretary, David Miliband
David Miliband
David Wright Miliband is a British Labour Party politician who has been the Member of Parliament for South Shields since 2001, and was the Secretary of State for Foreign and Commonwealth Affairs from 2007 to 2010. He is the elder son of the late Marxist theorist Ralph Miliband...

, to Home Secretary, Jacqui Smith
Jacqui Smith
Jacqueline Jill "Jacqui" Smith is a member of the British Labour Party. She served as the Member of Parliament for Redditch from 1997 until 2010 and was the first ever female Home Secretary, thus making her the third woman to hold one of the Great Offices of State — after Margaret Thatcher and...

, and to FCO Minister of State with responsibility for Africa, Asia and the UN, Mark Malloch Brown
Mark Malloch Brown
George Mark Malloch Brown, Baron Malloch-Brown, KCMG, PC is a former Minister of State in the Foreign and Commonwealth Office of the British government with responsibility for Africa, Asia and the United Nations...

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.

External links

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