The Scottish Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2009

Citation and commencement

1.—(1) This Order may be cited as the Scottish Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2009 and comes into force on 1st February 2010.

(2) In this Order “the Act” means the Criminal Procedure (Scotland) Act 1995.

Permitted disclosure of information

2.  The disclosure of information is permitted in the following circumstances—

(a) the information relates to a case that has been referred to the High Court under section 194B(1) of the Act and—

(i) is, or includes, a reference of a conviction, or a finding under section 55(2) of the Act, where

(ii) the appeal, consequent on that reference, has been abandoned in terms of sections 116 or 184 of the Act;

(b) any person who provided the information to the Commission (whether directly or indirectly) has consented to its disclosure; and

(c) a decision that the information should be disclosed has been taken by the Commission.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

17th December 2009