Criminal Procedure (Scotland) Act 1995

[F1F2194C Grounds for reference.S

[F3(1)]The grounds upon which the Commission may refer a case to the High Court are that they believe—

(a)that a miscarriage of justice may have occurred; and

(b)that it is in the interests of justice that a reference should be made.

[F4(2)In determining whether or not it is in the interests of justice that a reference should be made, the Commission must have regard to the need for finality and certainty in the determination of criminal proceedings.]]

Textual Amendments

F1Pt. XA (ss. 194A-194L) inserted (1.1.1998 for the purpose of inserting ss. 194A, 194E and 194G, otherwise 1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1997/3004, art. 2, Sch.; S.I. 1999/652, art. 2, Sch. (subject to art. 3)

F2S. 194C inserted (1.4.1999) by 1997 c. 48, s. 25(1); S.I. 1999/652, art. 2, Sch. (subject to art. 3)