The SCCRC and Current Law

The Commission sometimes receives applications which relate to convictions imposed at a time when the law on a given point was different from the law currently applying.

The question, therefore, arises as to whether to refer a case to the High Court on the basis that the court should apply the law as at the date of the hearing of the appeal by the High Court after referral by the Commission, rather than at the date of the conviction.

After one such case was referred by the Commission to the High Court, the court's decision was that it would deal with the case on the basis of the law as it is currently stood and not as it existed at the time when the applicant was convicted. The court expressed the view that cases should be examined in the light of existing law and standards. Accordingly, it is on this basis that the Commission approaches its enquiries. ( Click here for link on the opinion)