The following is a letter to insidetime, from issue May 2012
It would appear that the Scottish Criminal Cases Review Commission has now completely forgotten just what it was set up to do. As I understand it, their remit was to seek out and put before the Appeal Court alleged miscarriages of justice? However, that has now been put to one side to allow Mr Gerard Sinclaire (Chief Executive) of the SCCRC and his band of fraudsters to get on with their role of keeping as many applicants as possible from the Court of Appeal, regardless of how strong a case is put before them. ‘It is not in the interests of justice to send your case back to the Court of Appeal.’ This old chestnut seems to be the answer that the commission is handing out on a regular and monotonous basis. They should be renamed the Scottish Injustice Commission.
Elsewhere in the UK, since 1984, the Police And Criminal Evidence Act (PACE) has been in force to protect suspects from incriminating themselves. However, here in Scotland it has taken a further 25 years for it to come into line. Hundreds, maybe even thousands, have incriminated themselves by being denied a solicitor present during police questioning. Yet all the SCCRC says is ‘It is not in the interests of justice to send your case back to the Court of Appeal’ It would seem that here in Scotland we have fallen behind once again when it comes to the law and how it deals with suspects.
As long as the Scottish criminal justice system is not required to comply with ECHR ‘fair trial rights’ innocent men and women will continue to pay the price. This injustice must end. I, and many others, have been let down by the courts and the SCCRC. In a democratic society the rule of law demands nothing less than that, where it has been established that ‘fair trial’ rights have been violated and that a miscarriage of justice may have resulted, the courts must be asked to provide a remedy. To deny justice on ‘public policy’ grounds is surely the politics of the lunatic asylum.
Comments about this letter
8/5/2012 Donald FindlayAn interesting article. The sccrc should take a good look at themselves. The only thing the sccrc has been consistent in is turning applications down. This will bite them when appellants take there cases to the ECHR and win.
19/5/2012 Maya Abrahams (Lovely) -I support Ian's fight for justice and everyone should be entitled to a fair trial, which does not seem to be the case in his instance. Let's hope that someone sits up and takes notice and does something about this for Ian's and those others who have not been afforded a fair trial.
19/5/2012 Mary Nordkvelle -It is a travesty of justice if The Scottish Criminal Cases Review Commission loses sight of its purpose and does no longer see the need for miscarriages of justice to be put right. I would urge them to uphold truth and justice in order to justify their existence.
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