OUTER HOUSE, COURT OF SESSION



[2006] CSOH 112



P2117/05

P2118/05

P2116/05


OPINION OF LORD EMSLIE



in the Petitions of



(1) BM

(2) KK and

(3) DP



Petitioners;



for



Judicial Review of decisions of the Scottish Criminal Cases Review Commission not to make a reference to the High Court of Justiciary in terms of section 194B of the Criminal Procedure (Scotland) Act 1995





­­­­­­­­­­­­­­­­­________________


Petitioners: O'Neill, Q.C., O'Brien; McClure Collins

Respondents: Moynihan, Q.C.; Scottish Criminal Cases Review Commission





19 July 2006



Introduction

[1] In late 2000, after a trial which lasted for approximately two weeks, the three petitioners were together convicted of raping a girl in a flat in Edinburgh. Following the imposition of 6-year custodial sentences, they were all duly released on licence in the course of 2004. Appeals taken against conviction were refused in June 2002, but in around May 2003 the petitioners asked the Scottish Criminal Cases Review Commission ("the respondents") to consider referring their cases back to the High Court under the provisions of section 194B of the Criminal Procedure (Scotland) Act 1995. By decisions dated in March and November 2004 the respondents refused to take that course and, in these three parallel petitions for judicial review, the petitioners now challenge the validity of that refusal.

[2] So far as material for present purposes, the Criminal Procedure (Scotland) Act 1995 provides inter alia as follows:


Rest of appeal is on the link

http://www.scotcourts.gov.uk/opinions/2006CSOH112.html