Legislation

The Commission was established by Section 194A of the Criminal Procedure (Scotland) Act 1995 (as amended by Section 25 of the Crime and Punishment (Scotland) Act 1997). You can look at our founding legislation by clicking here.  Our statutory power to refer cases dealt with on indictment (ie solemn cases) to the High Court is set out at Section 194B of the Act.  The power to refer summary cases was extended by Statutory Instrument on 31 March 1999 (Section 194E of the Act).  The grounds upon which we may refer a case to the High Court (Section 194C of the Act) are that we believe:

(a) that a miscarriage of justice may have occurred; and

(b) that it is in the interests of justice that a reference should be made.

Once a case is referred by us it is dealt with by the High Court under normal appeals procedure as set out at Part VIII and X of the Criminal Procedure (Scotland) Act 1995. Our powers of investigation are set out at Sections 194H and I of the Act.  These include the power to request a precognition on oath and the power to obtain documents.

We are governed by strict non-disclosure provisions and these are set out at Sections 194J, K and L of the Act.

If you want to find out more about the Scottish Legal system in general, information is available on the website of the Law Society of Scotland.