This item was published during the term of a previous administration that ended in April 2007
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New Chairman to review miscarriages of justice
31/12/2001
The appointment of the new Chairman of the Scottish Criminal Cases Review Commission was announced today.
The Very Reverend Graham Forbes will take over as Chairman of the Commission from Professor Sheila McLean, the Commission's first Chairperson, whose term of office comes to an end at 31 December 2001.
Graham Forbes is currently the Provost at St Mary's Cathedral, Edinburgh. He has served as a member of the Commission since it began reviewing alleged miscarriages of justice in April 1999.
Announcing the appointment, Deputy First Minister Jim Wallace, said:
"I am delighted that Graham Forbes has agreed to accept this important appointment. Directing the work of the Scottish Criminal Cases Review Commission is a challenging task. I am sure that his appointment as Chairman will help to ensure that the public can be confident in the Commission's independence and credibility in dealing with allegations of miscarriages of justice."
In addition, Scottish Ministers have announced that they will be recommending to The Queen the appointment of the Miss Ruth Anderson QC, Mr David Belfall and Mr James Mackay to serve as new Members of the Commission. Existing members, Professor Peter Duff, Sir Gerald Gordon QC CBE, and Mr William Taylor QC have been invited to serve on the Commission for a further term of office.
The Deputy First Minister added:
"I am very pleased that we are able to recommend from a strong field of candidates people who can bring such a breadth of experience to the Commission. I am confident that each will contribute fully to the Commission's work and help to enhance the reputation of the Commission as a key player in the criminal justice system."
The Scottish Criminal Cases Review Commission commenced its operation in April 1999. It is an executive non-departmental public body which was established by sections 194 A-L and Schedule 9A of the Criminal Procedure (Scotland) Act 1995 as inserted by section 25 of the Crime and Punishment (Scotland) Act 1997.
The Commission has powers to refer cases to the High Court where it believes that a miscarriage of justice may have occurred and where it considers that it is in the interests of justice to do so.
Around 120 applications for membership of the Commission were received. The procedures for selecting the new members of the Commission and for the appointment of its Chairman were carried out in accordance with the guidance issued by the Commissioner for Public Appointments. This guidance, as part of the monitoring of public appointments, requires candidates to indicate whether they have undertaken any significant political activity in the last 5 years. None of the individuals who will be recommended for appointment, have been involved in any such activity, with the exception of Miss Anderson who declared that she had canvassed for the Labour Party in 1997.
By statute, at least one third of the Commission's members are required to be legally qualified (either an advocate or solicitor of at least 10 years' standing) and at least two thirds must have knowledge or experience of the criminal justice system.
The appointments, which are part-time, will be for a period of 4 years with the exception of Sir Gerald Gordon who will be re-appointed until his 75 th birthday in June 2004. The current daily fee for the Chairman is £372 while that of members is £217.
Biographical Notes:
The Very Reverend Graham Forbes
The Very Reverend Graham Forbes has been Provost of St Mary's Cathedral, Edinburgh since 1990 and was previously Provost of St Ninian's Cathedral, Perth. He is presently Chairman of the MMR Expert Group, a member of the General Medical Council, the Clinical Standards Board for Scotland, the Historic Buildings Council for Scotland, and the Scottish Board of the Royal College of Anaesthetists and has previously held a number of other public appointments.
Miss Ruth Anderson QC
Miss Ruth Anderson, QC has extensive experience of the criminal justice system. Her practice at the Bar has been principally a criminal one, defending in the High Court of Justiciary. She also served as an Advocate Depute from 1998 until January 2001. She has had local government experience, and has also worked in private practice as a solicitor.
Mr David Belfall
Mr Belfall has spent 13 years in senior management positions in the Scottish Office/Scottish Executive and is currently the Head of Housing and Area Regeneration Group. Prior to that, he had 18 years experience in the Home Office, dealing with policing, criminal justice, prisons and immigration issues. He is retiring from the Scottish Executive in March 2002.
Mr James Mackay
Mr Mackay retired earlier this year as Deputy Chief Constable, Tayside Police. He has had considerable experience of criminal investigation, and major enquiries with an interest in forensic science, and has served on national committees particularly in the field of DNA in police investigation.
Professor Peter Duff
Professor Duff is Professor of Criminal Justice, Law School, Aberdeen University. He has a detailed knowledge of the Scottish criminal justice process on which he has published numerous works. He has also had senior management experience.
Sir Gerald Gordon QC CBE
Sir Gerald Gordon QC CBE, was a Sheriff from 1976 to 1999 and was a temporary High Court Judge between 1992 and 1999. He was Professor of Scots Law at Edinburgh University from 1972-1976 and Head of the Department of Criminal law and Criminology there from 1965-72. He practised as an advocate from 1953 to 1969 and was Procurator Fiscal Depute from 1960-1965.
Mr William Taylor QC
Mr William Taylor has been an advocate since 1971 and a QC since 1986. He has also been a barrister in England and Wales since 1990 and a QC there since 1998. He has specialised in criminal defence work since the 1980s.