Explanatory Notes

Criminal Cases (Punishment and Review) (Scotland) Act 2012

2012 asp 7

26 July 2012

The Act – an Overview

3.The Criminal Cases (Punishment and Review) (Scotland) Act 2012 makes provision in two specific areas. The Act addresses an issue arising from the Appeal Court’s judgment in the Petch and Foye v. HMA case concerning the time those prisoners given a discretionary life sentence or an Order for Lifelong Restriction must serve before they become eligible to apply for parole. The Act also provides a framework for the Scottish Criminal Cases Review Commission to decide whether it is appropriate to disclose information concerning cases it has referred to the High Court for appeal against conviction where such an appeal has subsequently been abandoned.