Are you ready to apply for a case review?
You can find out more about the application process below.
The flowchart below set out what we will look at in deciding whether or not to accept an application for review and what questions we need to consider in deciding if a miscarriage of justice may have occurred and that it’s in the interest of justice to make a referral.
We record your application and request court papers.
Allocated to one of our legal officers. The legal officer will write to tell you when this happens and tell you when your case will go to our Board for consideration.
The Board decides whether to accept your application for stage 2 review.
Acceptance
viewRejection
viewA legal officer will write to tell you this.
The review of your case will be guided by a committee of Board Members. Our target time for a review of conviction is eight months. Our target time for a review of sentence only is four months.
The Board decides whether to refer your case to the High Court of Justiciary. A statement of reasons will tell you the reasons for the Board's decision.
The Commission will send you a statement of reasons telling you why it made this decision. The Board’s decision is final and brings our review of your case to an end. Although you can apply again, you cannot appeal the Board’s decision.
You can seek a judicial review of the Board’s decision.
The statement of reasons is issued to you, your solicitor (if you have one), the High Court of Justiciary and the Crown Office. The Commission's involvement in your case ends and it is up to you and your legal team to take forward the appeal. This is the stage at which your legal team might advise you about applying for interim liberation.
The statement of reasons is issued to you and your solicitor (if you have one)
You then have 28 days to make further submissions disagreeing with the Board’s reasons for not referring your case. You can ask for more time to make your further submissions.
The Board make a final decision in your case. It may finally decide not to refer your case, which brings your application to an end. Although you can apply again, you cannot appeal the Board’s final decision. You can seek a judicial review of the Board’s decision. OR The Board might finally decide to refer your case.
The statement of reasons is issued to you, your solicitor (if you have one), the High Court of Justiciary and the Crown Office. The Commission's involvement in your case ends and it is up to you and your legal team to take forward the appeal. This is the stage at which your legal team might advise you about applying for interim liberation.
You can find out more about the application process below.