Scottish Criminal Cases Review Commission

Sentence referred

ISSUED ON BEHALF OF THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION

The Scottish Criminal Cases Review Commission (“the Commission”) has referred the sentence of Anita Frame (“the applicant”) to the High Court of Justiciary.

On 25 October 2020, the applicant pled guilty to a contravention of section 5(1)(a) of the Road Traffic Act 1988 (drink driving).

A community payback order for 2 years was imposed and the applicant disqualified

from driving for 30 months.

The Commission concluded that there had been a failure to discount the length of the community payback order. There had been also a failure to offer the applicant the opportunity to attend a drink driving rehabilitation course which might reduce the length of the disqualification period which was itself, at least, at the upper end of the scale.

Accordingly, the Commission believes there may have been a miscarriage of justice in the applicant’s sentence. The Commission also believes it is in the interests of justice that the case be referred to the High Court for determination.

In accordance with the Commission’s statutory obligations, a statement of reasons for its decision has been sent to the applicant, the High Court, the Lord Advocate and Crown Office. The Commission has no power under its founding statute to make copies of its statements of reasons available to the public. This release is for information purposes only and the content of this news release should not be treated as forming part of the Commission’s statement of reasons.