S3W-13233 - Bill Kidd (Glasgow) (SNP) (Date Lodged Tuesday, May 20, 2008): To ask the Scottish Executive what progress has been made in implementing recommendations 29 and 30 of The ACPOS and Crown Office and Procurator Fiscal Service working group formed to develop joint protocols, as recommended in the Bonomy Report.
Due for answer Thursday, June 05, 2008
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S3W-13232 - Bill Kidd (Glasgow) (SNP) (Date Lodged Tuesday, May 20, 2008): To ask the Scottish Executive when it intends to implement the recommendations on disclosure contained in Review of the Law and Practice of Disclosure in Criminal Proceedings in Scotland.
Due for answer Thursday, June 05, 2008
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Freedom of Information
S3W-12565 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive how many freedom of information requests received by the Scottish Criminal Cases Review Commission since the Freedom of Information (Scotland) Act 2002 came into force, referred to the Scottish Information Commissioner and ordered to be disclosed have been appealed by the Scottish Criminal Cases Review Commission.
Answered by Kenny MacAskill (Friday, May 09, 2008): The Scottish Information Commissioner has never instructed the Scottish Criminal Cases Review Commission to disclose information, therefore no such appeals have ever been made.
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S3W-12564 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive how many freedom of information requests received by the Scottish Criminal Cases Review Commission since the Freedom of Information (Scotland) Act 2002 came into force and referred to the Scottish Information Commissioner have been disclosed.
Answered by Kenny MacAskill (Friday, May 09, 2008): The Scottish Information Commissioner has never instructed the Scottish Criminal Cases Review Commission to disclose information in relation to any case referred to him.
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S3W-12563 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive how many freedom of information requests received by the Scottish Criminal Cases Review Commission since the Freedom of Information (Scotland) Act 2002 came into force have been referred to the Scottish Information Commissioner.
Answered by Kenny MacAskill (Friday, May 09, 2008): One such request had been referred to the Scottish Information Commissioner by 31 March 2008.
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S3W-12562 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive how many freedom of information requests received by the Scottish Criminal Cases Review Commission since the Freedom of Information (Scotland) Act 2002 came into force have been (a) disclosed in the first instance, (b) refused in the first instance, (c) disclosed after review and (d) refused after review.
Answered by Kenny MacAskill (Friday, May 09, 2008): Nineteen requests for information, made under the Freedom of Information (Scotland) Act 2002, have resulted in information being released, while eight have been refused. Two requests resulted in partial disclosure. To date, four requests for review have been received and, in each case, the original decision to withhold information was found to have been correct.
In addition, in one case the SCCRC did not hold the information requested and, in another, the information requested was obtained from another source.
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S3W-12561 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive how many freedom of information requests have been received by the Scottish Criminal Cases Review Commission since the Freedom of Information (Scotland) Act 2002 came into force.
Answered by Kenny MacAskill (Friday, May 09, 2008): The Scottish Criminal Cases Review Commission had received a total of 32 such requests by 31 March 2008.
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Justice
S3W-12510 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive whether the Scottish Criminal Cases Review Commission holds records of the names of individual solicitors referred to the commission on grounds of defective representation.
Answered by Kenny MacAskill (Friday, May 09, 2008): Individual applications from members of the public and/or their legal representatives will include the names of solicitors involved in a case, as will the Statement of Reasons that the Commission provides in relation to each application.
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Freedom of Information
S3W-12509 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive whether it considers that the disclosure of the names of solicitors referred to the Scottish Criminal Cases Review Commission for defective representation would contravene section 38(1)(b) of the Freedom of Information (Scotland) Act 2002.
Answered by Kenny MacAskill (Friday, May 09, 2008): I refer the member to the answer to question S3W-12508 on 9 May 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.
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Justice
S3W-12508 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive whether it considers it to be in the public interest to disclose the names of solicitors referred to the Scottish Criminal Cases Review Commission for defective representation.
Answered by Kenny MacAskill (Friday, May 09, 2008): Solicitors are not referred to the SCCRC. Once an application has been reviewed by the SCCRC it can be referred to the High Court.
When the court considers a case, the details of that case (including the names of any solicitors or other legal representatives involved) will be contained in any published opinion and will be a matter of public record.
Section 194J of the Criminal Procedure (Scotland) Act 1995 makes it an offence for any member or employee of the SCCRC to disclose information obtained by the SCCRC in the exercise of any of its functions. The possibility of information provided by applicants, witnesses and/or victims subsequently being disclosed, other than in court, could undermine public confidence in the criminal justice system, including the work of the SCCRC. Witnesses and/or people under investigation should not be inhibited or deterred from co-operating in investigations by the possibility that information provided may be disclosed or that their identity is revealed to the public, outwith the protection of the court. Accordingly, such information is not normally made available.
Justice
S3W-12507 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive what action can be taken against solicitors referred to the Scottish Criminal Cases Review Commission for defective representation.
Answered by Kenny MacAskill (Friday, May 09, 2008): Solicitors are not referred to the Scottish Criminal Cases Review Commission. Where the Commission refers a case to the High Court, and the court overturns a conviction on the grounds of defective representation, it may be possible for disciplinary proceedings to be taken against the legal representative concerned. The Law Society of Scotland and the Faculty of Advocates are responsible for investigating complaints against solicitors and advocates respectively.
The Scottish Legal Services Ombudsman (SLSO) looks into complaints about how the professional bodies handle complaints against legal practitioners. Under the terms of the Legal Profession and Legal Aid (Scotland) Act 2007, the SLSO will be replaced by the Scottish Legal Complaints Commissioner (SLCC). The SLCC will receive complaints about legal practitioners where local resolution between the practitioner and client has been attempted but has proven unsuccessful. The SLCC will investigate complaints about service while the professional bodies will continue to address concerns relating to conduct. We anticipate that the new body will become operational in late 2008.
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S3W-12506 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive what constitutes defective representation by solicitors.
Answered by Kenny MacAskill (Friday, May 09, 2008): The approach to be taken by the courts in cases in which there is an allegation of defective representation is defined in Anderson vs H.M. Advocate (1996 SCCR 114). The then Lord Justice General stated that the conduct of the defence by the accused''s legal representative can only provide a ground for appeal if it deprives the accused of a fair trial. He further stated that this can only have occurred where the conduct was such that the accused''s defence was not presented to the court.
This may be because the accused was deprived of the opportunity to present his defence; or because his legal representative acted contrary to his instructions as to the defence he wished to be put forward; or because of other conduct which, because his defence had not been put, had the effect of denying him a fair trial.
In considering applications for review based on defective representation, the SCCRC applies the above approach.
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S3W-12505 - Bill Kidd (Glasgow) (SNP) (Date Lodged Wednesday, April 30, 2008): To ask the Scottish Executive how many appeals against convictions have been referred to the high court in each year since 1999, broken down by grounds of appeal.
Answered by Kenny MacAskill (Friday, May 09, 2008): The information requested is provided in the following table.
Conviction Referrals from 1 April 1999 to 31 March 2008
Year
Number of Referrals
Main Grounds
1999-2000
2
1 x New Evidence
1 x Change in Witness Testimony
2000-01
4
2 x Change in the Law
1 x New Evidence
1 x Unfair Trial
2001-02
9
6 x New Evidence
1 x Defective Representation
1 x Sentencing Issue
1 x Reasonable Doubt as to Applicant''s Guilt
2002-03
10
4 x New Evidence
2 x Jury Impropriety
1 x Reasonable Doubt as to Applicant''s Guilt
1 x Defective Representation
1 x Sentencing Issue
1 x Disclosure of Evidence
2003-04
2
2 x New Evidence
2004-05
6
5 x New Evidence
1 x Procedural Irregularity
2005-06
3
1 x Misdirection by Trial Judge
1 x Change in the Law
1 x Insufficiency of Evidence
2006-07
7
2 x Misdirection by Trial Judge
1 x Sentencing Issue
1 x Disclosure of Evidence
1 x Change in the Law
1 x New Evidence
1 x Abuse of Process
2007-08
3
1 x Multiple Referral Grounds
1 x New Evidence
1 x Unreasonable Verdict
Total
=SUM(ABOVE) 46
It should be noted that there may be other grounds of review. The commission''s system records only the main ground in the first instance.
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