Scottish Criminal Cases Review Commission
Case of Carol Olwyn Kirk referred to the High Court of Justiciary.
In accordance with the Commission’s statutory obligations, a statement of reasons for its decision has been sent to the High Court and Crown Office. The Commission has no power under its founding statute to make copies of its statements of reasons available to the public.
On 11 May 2015, at Stirling Justice of the Peace Court, Ms Kirk was convicted of assault and admonished.
The Commission has decided to refer the case to the High Court as it believes that a miscarriage of justice may have occurred in respect of Ms Kirk’s conviction, in that the court misdirected itself in assessing the evidence and concluding that the applicant intended to assault the complainer.
This release is for information purposes only and the content of this news release should not be treated as forming part of the Commission’s statement of reasons.
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. Once a case is referred to the High Court by the Commission, it will proceed as a normal appeal.
The Commission operates with a Board of 8 Members, one of whom is the Chairperson, a Chief Executive, a Director of Corporate Services, a Head of Casework, 2 Senior Legal Officers, 5 Legal Officers and administrative support staff.
In terms of its disclosure policy, the Commission will disclose the fact that a case has been referred. However, as it operated under strict statutory non-disclosure provisions, the Commission will not disclose any further information about such cases.
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 7030, e-mail: firstname.lastname@example.org or visit the Commission’s website at www.sccrc.org.uk