Frequently Asked Questions

The following is a list of the most frequently asked questions concerning the Commission’s business, if there are questions that are not answered in this section, please contact us for advice.

Q. Can the Commission review a case where no appeal was taken after trial?

A. The Commission can review a case where there has been no appeal.  However, the Commission will not normally review a case unless the person has made an attempt to appeal.

Q. Does the Commission decide whether a person is guilty or innocent?

A. No.  The Commission will not decide whether a person is guilty or innocent.  The Commission has to decide whether there may have been a miscarriage of justice and if it is in the interests of justice to refer a case to the High Court for determination.

Q. Will the Commission investigate all issues raised by an applicant?

A. The Commission will review all issues raised by an applicant.  However, the Commission will take a view on whether these issues warrant investigation.  It is a matter for the Commission to decide on the nature of investigations to be conducted in cases.

Q. Do you need a solicitor to represent you when applying to the Commission?

A. No.  Anyone can assist you with your application, they need not be legally qualified.  If you are having difficulties in completing an application to the Commission, please let us know.  We will try to assist in any way possible.

Q. Will I get Legal Aid to enlist the services of a solicitor to assist in my application to the Commission?

A. Depending on your financial circumstances, you may be entitled to “advice and assistance” under the Legal Aid Scheme.  Your solicitor can tell you more about this.

Q. If my case is not referred to the High Court will the Commission tell me why?

A. Yes.  The Commission will issue a full and very detailed statement of reasons explaining why it has decided not to refer your case.  You will then be allowed suitable time to respond to the Commission’s findings; these will be taken into account before a final decision to refuse or refer your case to the High Court is taken.

Q. How long will the review process take?

A. The Commission aims to conclude all cases within a maximum of 12 months.  The review period for most cases is often shorter than this.  However, the length of the review period is determined by the nature and complexity of the investigations that have to be conducted.  The Commission will let you know as the case progresses how long the review is likely to take.

Q. Does the Commission have face to face discussions with all applicants?

A. Yes.  The Commission's staff will aim to meet all applicants face to face at least once during the review process. The Commission is also set up with video conferencing facilities.

Q. Will I be able to make representations in person to the Board of the Commission?

A. No.  The Commission’s Legal Officers are responsible for the day to day investigation and review of cases.  Any points you wish to have considered by the Board of the Commission should be brought to the attention of the Legal Officer dealing with your application.

Q. Once a case is referred does it mean that the conviction is quashed?

A. No.  Once the Commission refers a case it still has to go through the appeal process at the High Court.  The High Court will determine whether or not the conviction should be quashed or the sentence reduced.

Q. Will the Commission disclose any information about the review of my case?

A. The Commission will not normally disclose information about the review of a case unless it is necessary to disclose information to progress the review e.g. to interview witnesses, obtain expert advice etc.  If your case is referred by the Commission, a short press release will be issued announcing the fact that the case has been referred; this information will also be published in the Commission’s annual report.  However, should you wish, the Commission will disclose certain information to third parties if we have a signed mandate from you authorising us to do so.

Q. What do I do after my case has been referred?

A. If you don’t already have a solicitor, you need to instruct a solicitor to assist you.  You can obtain names of solicitors from the Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh, EH3 7YR, 0131 226 7411.

Q. How do I complain if I am not happy with the service provided by the Commission?

A. The Commission issues a service level satisfaction questionnaire to all applicants at the end of the review of their case.  You can mark your complaints on that form.  Alternatively, you can write, telephone, e-mail or speak in person to a member of Commission staff and your complaint will be taken forward in line with the Commission’s complaints procedure.  The Commission’s policy on complaints is in our Publication Scheme and can be viewed by clicking here.

Q. Does the Commission only consider criminal convictions?

A. Yes.  The Commission can only consider criminal convictions made by Scottish Courts.