The Scottish Criminal Cases Review Commission and the Appeal Court at 20 years : relationship status – it’s complicated?

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Callander, Isla and Leverick, Fiona (2019) The Scottish Criminal Cases Review Commission and the Appeal Court at 20 years : relationship status – it’s complicated? Juridical Review, 2019 (4). pp. 287-307. ISSN 0022-6785

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Abstract

The Scottish Criminal Cases Review Commission ( SCCRC) has now been in operation for 20 years. A review of the first 10 years of its operation concluded that, while it was an independent institution, it enjoyed a mutually respectful relationship with the High Court of Justiciary. This paper revisits that analysis and re-assesses the relationship between the SCCRC and the appeal court in light of the criticism that has sometimes been made of criminal cases review commissions more broadly—that they are too cautious and should be less conservative in terms of making referral decisions. This paper defends the SCCRC against such criticism. It concludes that the SCCRC’s relationship with the appeal court, while generally harmonious, is not overly deferential and that it strikes an appropriate balance in its approach to referrals. It is argued that, if there is a problem with correcting miscarriages of justice, then that problem lies with the system of criminal appeals more broadly and not with the SCCRC.

ORCID iDs

Callander, Isla ORCID logoORCID: https://orcid.org/0000-0001-5627-069X and Leverick, Fiona;
CORE (COnnecting REpositories)