194A. Scottish Criminal Cases Review Commission. — (1) There shall be established a body corporate to be known as the Scottish Criminal Cases Review Commission (in this Act referred to as “the Commission”).
(2) The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown.
(3) The Commission shall consist of not fewer than three members.
(4) The members of the Commission shall be appointed by Her Majesty on the recommendation of the Secretary of State.
(5) At least one third of the members of the Commission shall be persons who are legally qualified; and for this purpose a person is legally qualified if he is an advocate or solicitor of at least ten years’ standing.
(6) At least two thirds of the members of the Commission shall be persons who appear to the Secretary of State to have knowledge or experience of any aspect of the criminal justice system; and for the purposes of this subsection the criminal justice system includes, in particular, the investigation of offences and the treatment of offenders.
(7) Schedule 9A to this Act, which makes further provision as to the Commission, shall have effect.
Annotations:
Amendments (Textual)
F2
S. 194A inserted (1.1.1998) by 1997 c. 48, s. 25(1); S.I. 1997/3004, art. 2, Sch.
References to High Court
F3194B. Cases dealt with on indictment. — (1) The Commission on the consideration of any conviction of a person or of the sentence (other than sentence of death) passed on a person who has been convicted on indictment [F4or complaint] may, if they think fit, at any time, and whether or not an appeal against such conviction or sentence has previously been heard and determined by the High Court, refer the whole case to the High Court and the case shall be heard and determined, subject to any directions the High Court may make, as if it were an appeal under Part VIII [F5or, as the case may be, Part X] of this Act.
(2) The power of the Commission under this section to refer to the High Court the case of a person convicted shall be exercisable whether or not that person has petitioned for the exercise of Her Majesty’s prerogative of mercy.
(3) This section shall apply in relation to a finding under section 55(2) and an order under section 57(2) of this Act as it applies, respectively, in relation to a conviction and a sentence.
(4) For the purposes of this section “person” includes a person who is deceased.
Annotations:
Amendments (Textual)
F3
S. 194B inserted (1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1999/652, art. 2, Sch. (subject to art. 3)
F4
Words in s. 194B(1) inserted (1.4.1999) by S.I. 1999/1181, art. 3(a)
F5
Words in s. 194B(1) inserted (1.4.1999) by S.I. 1999/1181, art. 3(b)
**F6194C. Grounds for reference. The grounds upon which the Commission may refer a case to the High Court are that they believe—
(a)
that a miscarriage of justice may have occurred; and
(b)
that it is in the interests of justice that a reference should be made.
Annotations:**Amendments (Textual)
F6
S. 194C inserted (1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1999/652, art. 2, Sch. (subject to art. 3)
F7194D. Further provision as to references. — (1) A reference of a conviction, sentence or finding may be made under section 194B of this Act whether or not an application has been made by or on behalf of the person to whom it relates.
(2) In considering whether to make a reference the Commission shall have regard to—
(a)
any application or representations made to the Commission by or on behalf of the person to whom it relates;
(b)
any other representations made to the Commission in relation to it: and
(c)
any other matters which appear to the Commission to be relevant.
(3) In considering whether to make a reference the Commission may at any time refer to the High Court for the Court’s opinion any point on which they desire the Court’s assistance; and on a reference under this subsection the High Court shall consider the point referred and furnish the Commission with their opinion on the point.
(4) Where the Commission make a reference to the High Court under section 194B of this Act they shall—
(a)
give to the Court a statement of their reasons for making the reference; and
(b)
send a copy of the statement to every person who appears to them to be likely to be a party to any proceedings on the appeal arising from the reference.
(5) In every case in which—
(a)
an application has been made to the Commission by or on behalf of any person for the reference by them of any conviction, sentence or finding; but
(b)
the Commission decide not to make a reference of the conviction, sentence or finding,
they shall give a statement of the reasons for their decision to the person who made the application.
Annotations:
Amendments (Textual)
F7
S. 194D inserted (1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1999/652, art. 2, Sch. (subject to art. 3)
F8194E. Extension of Commission’s remit to summary cases. — (1) The Secretary of State may by order provide for this Part of this Act to apply in relation to convictions, sentences and findings made in summary proceedings as they apply in relation to convictions, sentences and findings made in solemn proceedings, and may for that purpose make in such an order such amendments to the provisions of this Part as appear to him to be necessary or expedient.
(2) An order under this section shall be made by statutory instrument, and shall not have effect unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Annotations:
Amendments (Textual)
F8
S. 194E inserted (1.1.1998) by 1997 c. 48, s. 25(1); S.I. 1997/3004, art. 2, Sch.
F9194F. Further powers. The Commission may take any steps which they consider appropriate for assisting them in the exercise of any of their functions and may, in particular—
(a)
themselves undertake inquiries and obtain statements, opinions or reports; or
(b)
request the Lord Advocate or any other person to undertake such inquiries or obtain such statements, opinions and reports.
Annotations:
Amendments (Textual)
F9
S. 194F inserted (1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1999/652, art. 2, Sch. (subject to art. 3)
F10194G. Supplementary provision. — (1) The Secretary of State may by order make such incidental, consequential, transitional or supplementary provisions as may appear to him to be necessary or expedient for the purpose of bringing this Part of this Act into operation, and, without prejudice to the generality of the foregoing, of dealing with any cases being considered by him under section 124 of this Act at the time when this Part comes into force, and an order under this section may make different provision in relation to different cases or classes of case.
(2) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Annotations:
Amendments (Textual)
F10
S. 194G inserted (1.1.1998) by 1997 c. 48, s. 25(1); S.I. 1997/3004, art. 2, Sch.