SCOTTISH CRIMINAL CASES REVIEW COMMISSION FOR AN ORDER IN TERMS OF SECTION 1941 OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 REQUIRING PRODUCTION [2000] ScotHC 115 (29 August 2000)

SCOTTISH CRIMINAL CASES REVIEW COMMISSION FOR AN ORDER IN TERMS OF SECTION 1941 OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 REQUIRING PRODUCTION [2000] ScotHC 115 (29 August 2000)

Section 194I is to be construed broadly, permitting the Commission to seek production of any documents or material they believe may assist them, without the need for detailed specification of relevance at the application stage. No class of documents is excluded as a matter of law, and the Court retains discretion to consider reasons for exclusion of specific documents or classes thereof.

Citation
[2000] ScotHC 115
Parties
Petitioner: Scottish Criminal Cases Review Commission; Respondent: Lord Advocate
Jurisdiction
Scotland
Judgment Date
29 August 2000
Procedural Posture
Petition / Interlocutory Hearing
Outcome
petition continued for further procedure
Legal Topics
Production of Documents, Statutory Interpretation, Miscarriage of Justice, Investigatory Powers
Criminal Law Administrative Law Production of Documents Statutory Interpretation Miscarriage of Justice Investigatory Powers

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Parties

Scottish Criminal Cases Review Commission

Petitioner

Lord Advocate

Respondent

Procedural Posture

Petition / Interlocutory Hearing

Legal Issues

  1. 1 Whether the Commission is entitled to unrestricted access to all documents held by the Crown Office under section 194I of the Criminal Procedure (Scotland) Act 1995
  2. 2 Whether the petitioners have sufficiently specified their request for production of documents
  3. 3 Whether any class of documents is excluded from recovery as a matter of law

Ratio Decidendi

Section 194I is to be construed broadly, permitting the Commission to seek production of any documents or material they believe may assist them, without the need for detailed specification of relevance at the application stage. No class of documents is excluded as a matter of law, and the Court retains discretion to consider reasons for exclusion of specific documents or classes thereof.

Court Disposition

petition continued for further procedure

Orders

  • Petition put out By Order for further submissions and adjustment of pleadings regarding exclusion of specific documents or classes thereof.