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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies additional circumstances in which a member or employee of the Scottish Criminal Cases Review Commission (“the Commission”) may disclose information, or authorise the disclosure of information, obtained by the Commission without committing an offence in terms of section 194J(3) of the Criminal Procedure (Scotland) Act 1995 (“the Act”). Those circumstances are that—

(a) the information has been obtained by the Commission in connection with a case that has been referred to the High Court under section 194B(1) of the Act following a conviction or finding under section 55(2) of the Act that the accused did the act or made the omission constituting the offence, but in either case the appeal is 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) the decision to disclose the information is taken by the Commission.