The Commission was established in 1999 under Part XA of the Criminal Procedure (Scotland) Act 1995.
We have the power to refer cases dealt with on indictment (High Court/Sheriff & Jury) and summary cases. We make all of our referrals directly to the High Court.
The grounds upon which we may refer a case to the High Court (Section 194C of the 1995 Act) are that we believe:
(a) that a miscarriage of justice may have occurred;
(b) that it is in the interests of justice that a reference should be made.
Once we refer a case the High Court deals with it under normal appeals procedure as set out in Part VIII and X of the Criminal Procedure (Scotland) Act 1995. Our powers of investigation are set out at Sections 194F, 194H, 194I and 194IA of the Act. These include the power to request a precognition on oath and the power to obtain documents from any person or organisation.
We are also governed by strict non-disclosure provisions set out at Sections 194J – 194L of the Act.
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