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Secretary of State refers case of John McIntosh McLay to High Court
23/12/1997
The Secretary of State for Scotland, the Rt Hon Donald Dewar MP, has today referred the case of John McIntosh McLay (or McKay) to the High Court of Justiciary under section 124 of the Criminal Procedure (Scotland) Act 1995.
Mr McLay's agent has been informed that the case has been referred to the High Court. The Secretary of State has concluded, following the recent commencement of Section 17 of the Crime and Punishment (Scotland) Act 1997, that the Court of Appeal should have the opportunity to consider again the issues which were raised at Mr McLay's appeal in February 1994 (McLay v HM Advocate, 1994 SCCR 397).
As the case is sub judice, the Secretary of State will not be making any further comment.
BACKGROUND
1. John McIntosh McLay (or McKay)
John McIntosh McLay (or McKay) was convicted of murder at the High Court in Glasgow on 25 June 1992. His appeal was dismissed on 25 March 1994.
2. The Secretary of State's powers
The Secretary of State has power under section 124 of the Criminal Procedure (Scotland) Act 1995 to refer cases to the Court of Appeal for review of conviction or sentence.
A referred case will be heard in the same way as any other appeal.
The criteria which the Secretary of State presently applies when assessing cases alleging a miscarriage of justice are:
- whether the petition submitted, or information obtained in the course of examination or investigation of the petition, contains material relevant to the conviction which suggests that a miscarriage of justice may have occurred; and
- if so, whether the Court of Appeal would as a matter of law entertain the case on a reference.
3. Section 17 of the Crime and Punishment (Scotland) Act 1997
Section 17 of the 1997 Act amends Section 106(3) of the Criminal Procedure (Scotland) Act 1995 by extending the criteria on which a person may bring under review of the High Court any alleged miscarriage of justice. Inter alia it allows the Court of Appeal to admit evidence which was not admissible at the time of the original proceedings but would be admissible at the time of the appeal, if it appears that this would be in the interests of justice.
4. Previous referrals
Eighteen individuals have previously had their cases referred to the Court of Appeal since 1928, when the arrangements for the involvement of the Secretary of State were first introduced. Twelve of these referrals were made since 1987.
The most recent previous referrals by the Secretary of State were the cases of Thomas Campbell and Joseph Steele which were referred to the Court of Appeal in August 1996, the case of Alexander Hall which was referred in February 1997, and the case of Ronald Stobo which was referred in September 1997.