On 30 November 2011, the Scottish Government introduced the Criminal Cases (Punishment and Review) (Scotland) Bill into the Scottish Parliament. A full news release was issued.
The Criminal Cases Bill makes provision in two areas. The Criminal Cases (Punishment and Review) (Scotland) Bill, if passed, will resolve an technical anomaly which arose following the Appeal Court's judgement in the case of Petch and Foye v. HMA, which meant that prisoners given a discretionary life sentence or Order for Lifelong Restriction (OLR) can apply to become eligible for parole earlier than those serving sentences of a fixed length. Under this new legislation the courts will regain the discretion to set a 'punishment part' of those sentences that it considers appropriate in all the circumstances of a particular case. A detailed Q&A is available.
The Bill will also provide a framework for the Scottish Criminal Cases Review Commission (SCCRC) to decide whether it is appropriate to disclose information concerning cases it has referred to the High Court for appeal against conviction which have subsequently been abandoned or have fallen. Although general in nature, the Bill will apply in the circumstances of the case of Abdelbaset Al-Megrahi, who was convicted in 2001 of the murder of 270 people in the Lockerbie bombing.
If you have any questions or comments about the Bill, please email criminalcasesbill@scotland.gov.uk.