Straddling Two Worlds: Reflections of a Retired Criminal Cases Review Commissioner

In this paper, I draw upon the 'systems theory' approach to miscarriages of justice (adopted by Nobles and Schiff) to reflect upon my experience as a member of the Scottish Criminal Cases Review Commission. I demonstrate how the Commission manages the tensions between the rather different 'legal' and 'lay' worlds which it inhabits. More particularly, I argue that the Commission, while heavily constrained by the law and a legal world view, is more independent of the legal 'system' than some commentators would suggest. I substantiate my arguments through describing some of the debates that took place within the Scottish Commission and analysing in depth the judgements of the Scottish appeal court in some of the cases referred to it by the Commission. Much of what I say is applicable in varying degrees to the English Commission and to the current debate in England as to what constitutes a 'miscarriage of justice'.