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Encyclopedia > Scottish Criminal Cases Review Commission

The Scottish Criminal Cases Review Commission (SCCRC) is a non-departmental public body in Scotland and was established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997). The term Quasi-Autonomous Non-Governmental Organisation (or QUANGO), attributed to Sir Douglas Hague, was originally invented as a joke, but fell into common usage in the United Kingdom to describe the agencies produced by the growing trend of government devolving power to appointed, or self-appointed bodies. ... Motto (Latin) No one provokes me with impunity Cha togar mfhearg gun dioladh (Scottish Gaelic)1 Wha daur meddle wi me?(Scots)1 Anthem (Multiple unofficial anthems) Scotlands location in Europe Capital Edinburgh Largest city Glasgow Official languages English, Gaelic, Scots Government Constitutional monarchy  -  Queen Queen Elizabeth II...


The Commission has the statutory power to refer cases dealt with on indictment (ie solemn cases) to the High Court of Justiciary. This was extended to include summary cases by Statutory Instrument on 31 March 1999, immediately before the Commission took up its role in April 1999. A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... In the common law legal system, an indictment (IPA: ) is a formal charge of having committed a most serious criminal offense. ... Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ... Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ... March 31 is the 90th day of the year in the Gregorian calendar (91st in leap years), with 275 days remaining. ... Year 1999 (MCMXCIX) was a common year starting on Friday (link will display full 1999 Gregorian calendar). ...


Though funded by the Scottish Executive Justice Department investigations are carried out independently of Scottish Ministers, with the Commission being accountable to the Scottish Parliament on matters of finance and administration. The Executives logo, shown with English and Scottish Gaelic caption The term Scottish Executive is used in two different, but closely-related senses: to denote the executive arm of Scotlands national legislature (i. ... For the national legislative body up to 1707, see Parliament of Scotland. ... Finance studies and addresses the ways in which individuals, businesses, and organizations raise, allocate, and use monetary resources over time, taking into account the risks entailed in their projects. ... The Politics series Politics Portal This box:      Public administration can be broadly described as the study and implementation of policy. ...

Contents

Governance and administration

The Commission is headed by Chief Executive, Gerard Sinclair, and staffed by a Director of Administration, 2 Senior Legal Officers, 10 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 Ali Mohmed 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. Chief Executive may refer to: Chief Executive of Hong Kong Chief Executive of Macau Chief Executive Officer This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Gerard Sinclair Gerard Sinclair LLB is Chief Executive of the Scottish Criminal Cases Review Commission (SCCRC) Background Mr Sinclair is qualified in both Scottish and English law. ... Abdelbaset Ali Mohmed Al Megrahi (born April 1, 1952) is a former Libyan intelligence officer, head of security for Libyan Arab Airlines, and director of the Center for Strategic Studies in Tripoli. ...


The SCCRC has a Board of Management of 8 members appointed by Her Majesty The Queen on the recommendation of the First Minister of Scotland. Its current members are: Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of sixteen sovereign states, holding each crown and title equally. ... The First Minister (First Meinister in Scots; Prìomh Mhinistear in Scots Gaelic) is the leader of Scotlands national devolved government, the Scottish Executive, which was established in 1999 along with the reconvened Scottish Parliament. ...

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 Very Reverend Graham Forbes CBE has been Provost of St. ... Ruth Anderson QC has extensive experience of the criminal justice system. ... David Belfall David Belfall is Chairperson of Glasgow Council for the Voluntary Sector and a Non-Executive Member of the NHS Lothian Board. ... Mr Graham Bell QC is a Scottish lawyer. ... This article does not cite any references or sources. ... Sir Gerald Gordon CBE, QC Sir Gerald Gordon CBE, QC is the editor of Scottish Criminal Case Reports and editor of Renton and Browns Criminal Procedure. ... former Deputy Chief Constable of Tayside Police, James Mackay James Mackay QPM retired as Deputy Chief Constable of Tayside Police in 2001. ...


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


Lockerbie bombing

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, resigned as a Commissioner on September 23, 2003 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 July 11, 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.[1] On November 1, 2006 Megrahi was reported to have dropped his demand for the appeals against sentence and conviction to be held at Camp Zeist.[2] William Taylor QC has been an advocate since 1971 and a QC since 1986. ... The trial began on May 3, 2000 The Pan Am Flight 103 bombing trial began on May 3, 2000, which was 11 years, four months and 13 days after the sabotage of Pan Am Flight 103 on December 21, 1988. ... September 23 is the 266th day of the year (267th in leap years). ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... This article or section does not adequately cite its references or sources. ... July 11 is the 192nd day (193rd in leap years) of the year in the Gregorian calendar, with 173 days remaining. ... For the Manfred Mann album, see 2006 (album). ... Zeist is a municipality and a town in the central Netherlands, located east of the city of Utrecht. ... November 1 is the 305th day of the year (306th in leap years) in the Gregorian calendar, with 60 days remaining. ... For the Manfred Mann album, see 2006 (album). ...


Role of the commission

The SCCRC'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, the Sheriff Court or the District Court), and when the appeal process has been exhausted. A miscarriage of justice is primarily the conviction and punishment of a person for a crime that he did not commit. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ... The Sheriff Courts are the local Court system in Scotland. ... A District Court is the lowest level of court in Scotland. ...


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. Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ...


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

In 2003 there were 130,600 criminal convictions in Scotland. Ninety-eight criminal cases were accepted by the SCCRC and, of these, just twelve were referred to the High Court for reconsideration. 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 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 Executive Justice Department agreed an SCCRC budget of £1.3m for 2004-05. Expenditure by the Commission in the year ended March 31, 2005 totalled £1,199,398 of which £274,000 related to the review of Mr Megrahi's case.


References

The Scotsman, December 6, 2005, Steven Raeburn December 6 is the 340th day of the year (341st in leap years) in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


External links

  • Scottish Criminal Cases Review Commission
  • Lockerbie bomb appeal lined up for summer (2006)
  • Lockerbie Observer Mission of UN observer Dr. Hans Köchler

  Results from FactBites:
 
Scottish Criminal Cases Review Commission (777 words)
The Scottish Criminal Cases Review Commission (SCCRC) is a non-departmental public body in Scotland and was established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997).
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, resigned as a Commissioner on September 23, 2003 the same day as the SCCRC received an application from solicitors acting on Megrahi's behalf, requesting that it review his conviction.
The SCCRC'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.
CCRC - About us - Our history (256 words)
The Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice in England, Wales and Northern Ireland.
The Royal Commission was charged with examining the effectiveness of the Criminal Justice System in securing the convictions of the guilty and the acquittal of the innocent.
The Criminal Appeal Act 1995 was subsequently passed, enabling the establishment of the Criminal Cases Review Commission as an executive Non-Departmental Public Body.
  More results at FactBites »


 
 

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