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Agency overview | |
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Formed | 1999 |
Type | executive non-departmental public body |
Jurisdiction | Scotland |
Headquarters | Portland House, 17 Renfield Street, Glasgow, G2 5AH |
Minister responsible | |
Agency executives |
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Parent department | Justice Directorate, Scottish Government |
Parent agency | Scottish Government |
Key document | |
Website | sccrc |
Map | |
Part of a series on |
Scots law |
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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 (as amended by the Crime and Punishment (Scotland) Act 1997).
The commission has the statutory power to refer cases dealt with on indictment (ie solemn procedure cases) to the High Court of Justiciary. This was extended to include summary cases by Statutory Instrument on 31 March 1999, [1] 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 on matters of finance 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 Her Majesty The Queen on the recommendation of the First Minister of Scotland. As of 28 July 2018, its current members are:
By statute, at least one third of the commission's members are required to be legally qualified (either an advocate 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.
The commission's role is to review and investigate cases where it is alleged that a miscarriage of justice may have occurred in relation to conviction, 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), and when the appeal process has been exhausted.
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.
The main aims of the commission are:
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.
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."
The Scottish Government agreed an SCCRC budget of £1.2m for 2008–09.
Former SCCRC member, William Taylor QC, who acted as senior counsel for Megrahi at the Pan Am Flight 103 bombing trial 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 before a panel of five Judges on 11 July 2006. [3] This July hearing was, however, postponed to allow the question of the venue for the appeal (Edinburgh or Camp Zeist, Netherlands) to be resolved. [4] 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. [5]
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:
On 28 June 2007 the SCCRC announced [8] its decision to refer the case to the Court of Criminal Appeal for Megrahi's second appeal against conviction, having concluded:
It is anticipated that preparation for the appeal before a panel of three Judges in Edinburgh could take as long as a year.
Professor Hans Köchler, who was appointed by UN Secretary General, Kofi Annan, to observe the Pan Am Flight 103 bombing trial at Camp Zeist, Netherlands was reported to be baffled by the SCCRC's four-year delay in reaching a conclusion. Köchler said:
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:
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]
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]
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 near Utrecht, in the Netherlands, for the trial of two Libyans charged with 270 counts of murder in connection with the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on 21 December 1988. A school on the former base was converted into a judicial court for the trial.
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 Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
Colin Boyd, Baron Boyd of Duncansby, is a former Scottish judge who was a Senator of the College of Justice from June 2012 to June 2024. He was Lord Advocate for Scotland from 24 February 2000 until his resignation on 4 October 2006. On 11 April 2006, Downing Street announced that Colin Boyd would take a seat as a crossbench life peer; however, he took the Labour whip after resigning as Lord Advocate. He was formally introduced in the House of Lords on 3 July 2006. On the day SNP leader Alex Salmond was elected First Minister of Scotland, it was reported that Boyd was quitting the Scottish Bar to become a part-time consultant with public law solicitors Dundas & Wilson. He told the Glasgow Herald, "This is a first. I don't think a Lord Advocate has ever done this—left the Bar and become a solicitor."
Peter Lovat Fraser, Baron Fraser of Carmyllie, PC, QC was a Scottish politician and advocate.
Abdelbaset Ali Mohamed al-Megrahi was a Libyan who was head of security for Libyan Arab Airlines, director of the Centre for Strategic Studies in Tripoli, Libya, and an alleged Libyan intelligence officer. On 31 January 2001, Megrahi was convicted, by a panel of three Scottish judges sitting in a special court at Camp Zeist in the Netherlands, of 270 counts of murder for the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on 21 December 1988 and was sentenced to life imprisonment. His co-accused, Lamin Khalifah Fhimah, was found not guilty and was acquitted.
The Pan Am Flight 103 bombing trial began on 3 May 2000, more than 11 years 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 up under Scots law and held at a disused United States Air Force base called Camp Zeist near Utrecht.
Ranald Norman Munro MacLean, Lord MacLean is a retired Scottish judge.
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William Taylor, KC has been a Scottish advocate since 1971 and now KC 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.
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James Alexander Mackay QPM retired as Deputy Chief Constable of Tayside Police in 2001. He has had considerable experience of criminal investigation and major inquiries. He is especially interested in forensic science and has served on national committees particularly in the field of DNA in police investigation.
Gerard Sinclair is Chief Executive of the Scottish Criminal Cases Review Commission (SCCRC).
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Pan Am Flight 103 (PA103/PAA103) was a regularly scheduled Pan Am transatlantic flight from Frankfurt to Detroit via a stopover in London and another in New York City. The transatlantic leg of the route was operated by Clipper Maid of the Seas, a Boeing 747 registered N739PA. Shortly after 19:00 on 21 December 1988, while the aircraft was in flight over the Scottish town of Lockerbie, it was destroyed by a bomb, killing all 243 passengers and 16 crew in what became known as the Lockerbie bombing. Large sections of the aircraft crashed in a residential street in Lockerbie, killing 11 residents. With a total of 270 fatalities, it is the deadliest terrorist attack in the history of the United Kingdom.
Hans Köchler's Lockerbie trial observer mission stemmed from the dispute between the United Kingdom, the United States, and Libya concerning arrangements for the trial of two Libyans accused of causing the explosion of Pan Am Flight 103 over Lockerbie on 21 December 1988.
Mebo Telecommunications AG is owned by Swiss businessmen Erwin Meister and Edwin Bollier.
Abdelbaset al-Megrahi was convicted on 31 January 2001 by a special Scottish Court in the Netherlands for the bomb attack on Pan Am Flight 103 on 21 December 1988 over Lockerbie. After he was diagnosed with terminal prostate cancer, he was released from prison on compassionate grounds on 20 August 2009, having served 8½ years of a life sentence. His release was authorised by Scottish Justice Secretary Kenny MacAskill. The decision attracted significant news coverage, engendering widespread celebration in Libya, a largely hostile reaction in the United States and a more equally divided reaction in Britain.
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