Charles III
25-662: The Scottish Criminal Cases Review Commission ( SCCRC ) is an executive non-departmental public body of the Scottish Government , established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997 ). The commission has the statutory power to refer cases dealt with on indictment ( ie solemn procedure cases) to the High Court of Justiciary . This
50-576: A Scottish advocate since 1971 and now KC (then QC before 2022) since 1986. He has also been a barrister in England and Wales since 1990 and a Queen's Counsel there since 1998. He has specialised in criminal defence work since the 1980s. William Taylor was born in Aberdeenshire , and attended Robert Gordon's College public school (formerly for boys) after winning a scholarship based on academic achievement. Taylor gained his first degree from
75-468: A board of management of eight members appointed by Her Majesty The Queen on the recommendation of the First Minister of Scotland . As of 28 July 2018, its current members are: By statute, at least one third of the commission's members are required to be legally qualified (either an advocate or solicitor of at least 10 years' standing) and at least two-thirds must have knowledge or experience of
100-558: A director of corporate services, two senior legal officers, six legal officers and three administrative support staff. Eight legal officers and one senior legal officer are required to deal with the commission's normal case load. In order to review the case of Abdelbaset al-Megrahi , the commission sought approval from the Scottish Executive Justice Department for the appointment of two additional legal officers and one senior legal officer. The SCCRC has
125-482: Is defined in specific legislation setting up each body. They employ their own staff, who are not civil servants. Advisory NDPBs are similar to Executive NDPBs, but do not undertake activities directly. They provide independent expert advice to the government and others in relation to particular subject. They do not normally employ staff, with administrative support usually being provided by civil servants. Tribunals undertake judicial functions, but do not form part of
150-626: The Pan Am Flight 103 bombing trial and at his appeal in 2002, resigned as a commissioner on 23 September 2003. This was the same day as the SCCRC received an application from solicitors acting on Megrahi's behalf, requesting that it review his conviction. Megrahi's appeal against his 27-year minimum jail sentence was scheduled to be heard in Edinburgh before a panel of five Judges on 11 July 2006. This July hearing was, however, postponed to allow
175-607: The Pan Am Flight 103 bombing trial at Camp Zeist, Netherlands was reported to be baffled by the SCCRC's four-year delay in reaching a conclusion. Köchler said: Following the SCCRC's decision on 28 June 2007 to refer the case back for a second appeal, Köchler expressed surprise at the focus of the commission's review and its apparent bias in favour of the judicial establishment: On 4 July 2007 Köchler wrote to Scottish First Minister, Alex Salmond , to Foreign Secretary, David Miliband , to Home Secretary, Jacqui Smith , and to FCO Minister of State with responsibility for Africa, Asia and
200-583: The University of Aberdeen , an Honours in Philosophy where he followed on to complete studies in Criminal Law. Taylor is historically notable as being the first (then Queen's Counsellor) to hold the 'KC' position in both Scotland and England. William Taylor KC acted as senior counsel for Abdelbaset al-Megrahi during the Pan Am Flight 103 bombing trial from May 2000 to January 2001, and during
225-529: The criminal justice system . The board members and the Chief Executive are required to work together to ensure that the Commission runs efficiently and effectively. The commission's role is to review and investigate cases where it is alleged that a miscarriage of justice may have occurred in relation to conviction , sentence or both. The commission can only review and investigate cases where
250-648: The Government and staff of public bodies are not civil servants , although executive agencies are listed in the Scottish Government's directory of national public bodies alongside other public bodies. The Scottish Government is responsible for appointing a board of directors to run public bodies. The Office of the Commissioner for Public Appointments in Scotland is responsible for regulating
275-546: The SCCRC's decision was imminent and reported: On 28 June 2007 the SCCRC announced its decision to refer the case to the Court of Criminal Appeal for Megrahi's second appeal against conviction, having concluded: It is anticipated that preparation for the appeal before a panel of three Judges in Edinburgh could take as long as a year. Professor Hans Köchler , who was appointed by UN Secretary General, Kofi Annan , to observe
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#1732776622058300-449: The Scottish Government ( Scottish Gaelic : Buidhnean Poblach Riaghaltas na h-Alba ) are organisations that are funded by the Scottish Government . They form a tightly meshed network of executive and advisory non-departmental public bodies (" quangoes "); tribunals ; and nationalised industries . Such public bodies are distinct from executive agencies of the Scottish Government , as unlike them they are not considered to be part of
325-628: The Scottish Government, but have a specific, well-defined remit. They are staffed by civil servants and headed by a Chief Executive, who is a civil servant, and are directly accountable to the government. Commissioners and ombudsmen are responsible for monitoring the actions of government and public boards. They are responsible to parliament, and appointed by the Scottish Parliamentary Corporate Body , in order to ensure their independence from government. William Taylor QC William Taylor , KC has been
350-542: The Scottish Government. They are accountable to, and funded by the Scottish Parliament , and publish their own annual reports and accounts. Each office is headed by a board or statutory officeholder(s) appointed by the Scottish Government. Executive NDPBs carry out work on behalf of government but do not form part of it, nor are they directly accountable to parliament. They operate within a framework of governance and accountability set by Ministers; often this
375-1195: The UN, Mark Malloch Brown describing the SCCRC's decision as "long overdue" and calling for a full and independent public inquiry into the Lockerbie case. On page 16 of the 2007–2008 annual report and accounts of the SCCRC, published on 4 June 2008, chief executive Gerald Sinclair has written a summary of the SCCRC's administration of the Lockerbie review . Scottish public bodies William , Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP Public bodies of
400-476: The conviction and sentence were imposed by a Scottish Court (the High Court , a Sheriff Court or a Justice of the Peace Court ), and when the appeal process has been exhausted. The SCCRC can investigate both solemn and summary cases. It will conduct a thorough, independent and impartial review and investigation of all cases accepted for review. The commission has wide-ranging powers of investigation. After
425-452: The court rules about half the referrals to be a miscarriage of justice each year, which would equate in 2003 to roughly 0.005% of the total number of Scottish criminal convictions. But, says Sinclair: "Even if it were just one wrongful conviction a year, that would still be one too many." The Scottish Government agreed an SCCRC budget of £1.2m for 2008–09. Former SCCRC member, William Taylor QC , who acted as senior counsel for Megrahi at
450-478: The court system. They are independent of government, and are not responsible for budgets or expenditure other than remuneration for tribunal members. Public corporations are companies which recover more than 50% of their costs through commercial activities. They are managed by a board whose members are appointed by the government. Public corporations employ their own staff (who are not civil servants) and manage their own budgets. Executive agencies form part of
475-610: The fact that a case has been referred to the High Court but will not release any information regarding cases in which no referral has been made or in respect of cases under review. As at 31 March 2007 the SCCRC had received a total of 887 cases since April 1999, when it was established. The Commission completed its review of 841 of these cases and referred 67 of them to the High Court. Of the referrals, 39 have been determined: 25 appeals were granted; 11 appeals rejected; and, 3 abandoned. Chief Executive, Gerard Sinclair, says that normally
500-520: The process. Public bodies are assigned "sponsoring departments" who provide funding in the form of grant-in-aid to assist with running costs and capital investment. Most public bodies also have other sources of income (for example the Royal Botanic Garden Edinburgh receives income from charging the public to visit the greenhouses in its gardens). Non-ministerial offices are staffed by civil servants, but do not form part of
525-458: The question of the venue for the appeal (Edinburgh or Camp Zeist, Netherlands ) to be resolved. On 1 November 2006 Megrahi was reported to have dropped his demand for the appeal against sentence – and any further appeal against conviction that the SCCRC might award – to be held at Camp Zeist. In January 2007, the SCCRC announced that it would issue its decision on Megrahi's case by the end of June 2007. On 17 June 2007 The Observer confirmed that
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#1732776622058550-458: The review has been completed the commission will decide whether or not the case should be referred to the High Court. If it is decided to refer a case, the case will be heard and determined by the High Court of Justiciary as if it were a normal appeal. The main aims of the commission are: The commission operates under strict statutory non-disclosure provisions, and cannot disclose any information about individual cases. The commission can disclose
575-487: The same day. In a tribute to one of the founding Commissioners, the SCCRC chairman said: "The Commission greatly values the service which Mr Taylor has given to the Commission over the past four years. I understand and appreciate Mr Taylor's position in deciding to take this course of action." As reported in The Sunday Times of 23 October 2005, the former Lord Advocate Lord Fraser of Carmyllie , who initiated
600-609: The subsequent appeal in January to March 2002. Taylor was reappointed Commissioner at the Scottish Criminal Cases Review Commission by Royal Warrant from 1 January 2002 for a further fixed term of four years expiring on 31 December 2005. However, he undertook to resign immediately from the SCCRC if his former client Megrahi were to apply to the Commission for a review of the case. Megrahi applied on 23 September 2003 and Taylor duly resigned on
625-505: Was extended to include summary cases by Statutory Instrument on 31 March 1999, immediately before the Commission took up its role in April 1999. Though funded by the Scottish Government , investigations are carried out independently of Scottish Ministers, with the Commission being accountable to the Scottish Parliament on matters of finance and administration . The commission is headed by chief executive, Gerard Sinclair , and staffed by
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