The Scottish Criminal Cases Review Commission (‘the Commission’) has referred the case of WX (“the applicant”) to the High Court of Justiciary.

In 2010, the applicant pled guilty to a charge of breach of the peace. The applicant received a fine of £300. The sentencing sheriff concluded that there was a ‘significant sexual aspect’ to the offence in terms of paragraph 60 of Schedule 3 to the Sexual Offences Act 2003. The applicant was made subject to notification requirements for a period of five years.

Having regard to the purpose and effects of registration under the 2003 Act, the Commission does not believe that there was a significant sexual aspect to the offence, and therefore considers that a miscarriage of justice may have occurred.

In accordance with the Commission’s statutory obligations, a statement of reasons for its decision has been sent to the applicant, the High Court, the Lord Advocate and Crown Office. The Commission has no power under its founding statute to make copies of its statements of reasons available to the public. This release is for information purposes only and the content of this news release should not be treated as forming part of the Commission’s statement of reasons.

 

Notes for Editors

The Scottish Criminal Cases Review Commission was established as an independent body on 1 April 1999 to review alleged miscarriages of justice in Scottish convictions and/or sentences. Under section 194 A–T of the Criminal Procedure (Scotland) Act 1995, the Commission may refer a case to the High Court if it believes that a miscarriage of justice may have occurred and that it is in the interests of justice that a reference should be made. Once a case is referred to the High Court by the Commission, it will proceed as a normal appeal.

The Commission operates with a Board of 8 Members, one of whom is the Chairperson, a Chief Executive, a Director of Corporate Services, 2 Senior Legal Officers, 5 Legal Officers and administrative support staff.

In terms of its disclosure policy, the Commission will disclose the fact that a case has been referred. However, as it operates under statutory non-disclosure provisions, the Commission will not disclose any further information about such cases.

For any further general information about the Commission please contact:

Mr Chris Reddick,
Director of Corporate Services,
SCCRC,
4th Floor,
Portland House,
17 Renfield Street,
Glasgow,
G2 5AH

Tel: 0141 270 7030

e-mail: info@sccrc.org.uk or visit the Commission’s website at www.sccrc.co.uk.