The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 5) Order 2010

The Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force on Royal Assent.

Article 2 of this Order brings into force section 83 of the 2010 Act.

Section 83 of the 2010 Act amends section 194D of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). Section 194D of the 1995 Act makes provision regarding the reference of convictions, sentences or findings by the Scottish Criminal Cases Review Commission (“the Commission”) to the High Court. Under the provision made by section 83 of the 2010 Act where the Commission makes a reference under section 194B of the 1995 Act the appeal arising from the reference can only be based on a ground relating to one or more of the reasons given by the Commission for the reference unless the High Court has, where it considers it is in the interests of justice to do so, given leave for the appellant to found the appeal on additional grounds.

Article 3 of this Order makes transitional provision in respect of proceedings in relation to which a referral has been made by the Commission to the High Court by virtue of section 194B of the 1995 Act and in respect of which have not concluded as at the date of commencement of section 83 of the 2010 Act. The appellant may, in such cases, seek additional grounds to found the appeal as if the time period specified in subsections (4C) and (4D) of section 194D of the 1995 Act is such time period after the date of the commencement of section 83 of the 2010 Act.

Article 4 of the Order makes savings provision which provides that notwithstanding the commencement of section 83 of the 2010 Act where an appellant has, prior to the date of commencement of the section, a ground or grounds of appeal unrelated to the Commission’s statement of reasons the appeal may proceed as if the amendments made by the provision have not been made.