Possibility of Megrahi appeal
Matt Berkley
+44 (0)7868 397699 matt@mattberkley.com www.mattberkley.com
I am one of the Pan Am 103 relatives. A possibility has occurred to me on the al-Megrahi case.
In law, the Scottish Criminal Cases Review Commission has wide powers.
I see nothing in the legislation barring the SCCRC from referring a case to the High Court for a second time.
It could be that with or without any significant work, they might decide, after considering the circumstances in which the appeal was abandoned and the nature of their previous grounds for referral, that the case currently meets their criteria.
The criteria are that:
a) there is the possibility of a miscarriage of justice, and
b) it would be in the interests of justice for the Court to hear the case.
If the Commission does not refer the case in the short term, it could do so at a later date.
The Commission may refer a case after the death of the convict.
It may refer whether
or not an application has been made by or on behalf of the convict.
No prisoner before Mr al-Megrahi has abandoned an appeal
after referral by the Commission.
That fact may be related to this:
Most people who appeal against their conviction via the Commission, as he did, are found by the Court to have suffered a miscarriage of justice.
Notes
1. Some short extracts from the legislation are:
The Commission
may
at any time, and whether or not an appeal
has previously been heard
refer the
whole case to the High Court
In
considering whether to make a reference the Commission shall have regard to
any other matters which appear to the Commission to be relevant.
The Commission may
take any steps which they consider appropriate for assisting them in the
exercise of any of their functions.
Longer passages are in the Appendix below.
2. Summary statistics are on the Commissions website at http://www.sccrc.org.uk/casestatistics.aspx .
A report by university researchers with further statistical analysis is at http://www.sccrc.org.uk/ViewFile.aspx?id=393 .
.
Appendix: Legislation
The SCCRC states, The Commission was established by Section
194A of the Criminal Procedure (
( http://www.sccrc.org.uk/legislation.aspx
)
(4)
person includes a person who is deceased.
194D
(1)
A reference
may be made
whether or not an application has been made by or
on behalf of the person to whom it relates.
(2)
In considering whether to make a reference the Commission shall have regard to
(a) any application or representations made to the Commission by
or on behalf of the person to whom it relates;
(b) any other representations made to the Commission in relation
to it: and
(c) any other matters which appear to the Commission to be
relevant
.
(5)
In every case in which (a) an application has been made
but (b) the
Commission decide not to make a reference
they shall give a statement of the
reasons for their decision to the person who made the application.
.
The
Commission may take any steps which they consider appropriate for assisting
them in the exercise of any of their functions and may,
in particular
(a) themselves undertake inquiries and obtain statements,
opinions or reports; or
(b) request the Lord Advocate or any other person to undertake
such inquiries or obtain such statements, opinions and reports.
.
(1) Where
the Commission believe that a person or a public body has possession or control
of a document or other material which may assist them in the exercise of any of
their functions, they may apply to the High Court for an order requiring that
person or body
(a) to produce the document or other material to the Commission
or to give the Commission access to it
.
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