The Scottish Criminal Cases Review Commission (“the Commission”) has referred the case of YZ (“the applicant”) to the High Court of Justiciary for determination.
In 2021, the applicant pled guilty on summary complaint to two charges of contravening section 127(1)(a) of the Communications Act 2003 and on a separate complaint, to a charge of breach of bail. The applicant was sentenced to five months’ imprisonment on the Communications Act charges and to a concurrent 11-week sentence in respect of the breach of bail matter.
The applicant applied to the Commission in 2023. Her application was based on her mental health at the time of the offences and the court proceedings. In 2024, the Commission sought the opinion of a forensic psychiatrist.
Based on the information before it, the Commission considers that the applicant’s mental health at the time of the court proceedings was such that the applicant was not fit to plead in respect of the charges at that time, in terms of section 53F of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).
Additionally, the Commission considers that, on the basis of what is now known about the applicant’s condition, the applicant may have had a defence in terms of section 51A of the 1995 Act. The absence of an investigation into the possibility of a defence under section 51A prior to her pleas being tendered, and the likelihood that the defence may have been made out, cause the Commission to conclude that the applicant’s guilty pleas were tendered under some real error or misconception.
The Commission 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 news release is for information purposes only and its content 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, 3 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: creddick@sccrc.org.uk
