NEWS RELEASE
Following the judgment of the Privy Council in the decision of Flynn v HMA (PC) 2004
SCCR 281, and the subsequent decisions of the High Court in Flynn v HMA (No. 2) 2004
SCCR 702 and Christensen v HMA 2005 SCCR 825, the Commission has referred the
following case to the High Court for the reconsideration of the punishment part of his life
sentence, previously set under the Convention Rights (Compliance) (Scotland) Act 2001
(hereinafter “the 2001 Act”):
o Mr Brian Logue – pled guilty at Glasgow High Court on 1 October 1997 and
sentenced to life imprisonment. A punishment part of 12 years was set.
The 2001 Act specifies that the High Court should set a part of the sentence for life
prisoners to be known as the “punishment part”. This punishment part should be the
period considered necessary for the purposes of deterrence and retribution; prisoners must
serve this period before their release on licence can be considered by the parole board.
As a consequence of the judicial guidance provided in the Flynn judgments, the
Commission has decided to refer these cases as they may be within a category of prisoners
affected by the changes in the interpretation of the transitional provisions of the 2001 Act.
These provisions apply to mandatory life prisoners sentenced to life imprisonment on or
before 8 October 2001 (on which date the 2001 Act came into force).
The Commission has therefore referred this case back to the High Court in order that the
punishment part can be reconsidered in light of the recent interpretation of the relevant
provisions of the 2001 Act.
Notes for Editors
The Scottish Criminal Cases Review Commission was established as an independent
body on 1 April 1999 to review alleged miscarriages of justice in Scottish convictions
and/or sentences. Under section 194 A to L of the Criminal Procedure (Scotland) Act
1995 (as inserted by section 25 of the Crime and Punishment (Scotland) Act 1997) the
Commission can refer a case to the High Court if it believes that a miscarriage of justice
may have occurred and that it is in the interests of justice that a reference should be made.
The Commission’s remit extends to both solemn and summary cases.
Once a case is referred to the High Court by the Commission, it will proceed as a normal
appeal. The appellant or his legal advisors may seek to expand the grounds of appeal
from those which are the subject of the referral.
The Commission currently operates with a Board of 7 Members, one of whom is the
Chairperson, a Chief Executive, a Director of Corporate Services, 2 Senior Legal
Officers, 6 Legal Officers and administrative support staff.
When a case is referred, the Commission issues a press release to disclose the fact that
the case has been referred, with general details relating to the case. However, as the
Commission operates under strict statutory non-disclosure provisions, it is not possible
for the Commission to disclose any further information about such cases. The
Commission will not release any information regarding cases in which no referral has
been made or in respect of cases under review.
For any further general information about the Commission please contact
Mr Chris Reddick, Director of Corporate Services, SCCRC, 5th Floor Portland House,
17 Renfield Street, Glasgow, Tel: 0141 270 7031, e-mail: creddick@sccrc.org.uk or visit
the Commission’s website at www.sccrc.org.uk
