Written Question · S2W-29453 · Session 2
How many cases have been referred to the appeal court in each of the last five years as a result of new or newly discovered facts that show…
The question
To ask the Scottish Executive how many cases have been referred to the appeal court in each of the last five years as a result of new or newly discovered facts that show, beyond reasonable doubt, that there has been a miscarriage of justice.
The answer
In Scotland thetest for the court to consider in any appeal against conviction and/or sentencein both summary and solemn proceedings is whether there has been a miscarriage ofjustice. Data held on appeals cannot provide statistics in the requested format.Grounds of appeal may be amended before the appeal is heard, and an appeal may besuccessful on certain grounds but not on others.
In addition to the usual appealprocess open to all convicted persons, the Scottish Criminal Cases Review Commissioncan also refer cases to the appeal court, following applications made to thecommission and normally only after the appeal process has been exhausted, whereit is believed that a miscarriage of justice may have occurred and that it is inthe interests of justice to do so. Additionally, once the case has been referredby the commission, it is for the appellant to formulate his grounds of appeal, whichare not restricted to the grounds for referral. It is for the Appeal Courtto rule upon which grounds of appeal, if any, the appeal should succeed, and thisinformation may be available from any written judgement issued on the appeal.
Since its establishment in 1999the commission has received 843 cases and concluded consideration of some 777 applicationsfor review of conviction and/or sentence. 62 of these applications have been referredto the High Court for review, including 26 for sentence only, and 37 of these referralshave been considered by the court with successful appeals for 24 cases. The numberof cases referred by the commission on an annual basis is:
1999-2000
| 2
2000-01
| 7
2001-02
| 8
2002-03
| 12
2003-04
| 5
2004-05
| 13
2005-06
| 10
2006-07 (to date)
| 5
In addition to the usual appealprocess open to all convicted persons, the Scottish Criminal Cases Review Commissioncan also refer cases to the appeal court, following applications made to thecommission and normally only after the appeal process has been exhausted, whereit is believed that a miscarriage of justice may have occurred and that it is inthe interests of justice to do so. Additionally, once the case has been referredby the commission, it is for the appellant to formulate his grounds of appeal, whichare not restricted to the grounds for referral. It is for the Appeal Courtto rule upon which grounds of appeal, if any, the appeal should succeed, and thisinformation may be available from any written judgement issued on the appeal.
Since its establishment in 1999the commission has received 843 cases and concluded consideration of some 777 applicationsfor review of conviction and/or sentence. 62 of these applications have been referredto the High Court for review, including 26 for sentence only, and 37 of these referralshave been considered by the court with successful appeals for 24 cases. The numberof cases referred by the commission on an annual basis is:
1999-2000
| 2
2000-01
| 7
2001-02
| 8
2002-03
| 12
2003-04
| 5
2004-05
| 13
2005-06
| 10
2006-07 (to date)
| 5
In the Official Report
No contribution in the Official Report cites S2W-29453 by reference.