On appeal from: [2013] CSIH 101


This appeal considered whether the Respondent erred in law in refusing to refer the Appellant’s rape conviction case to the High Court. The Supreme Court unanimously dismissed the appeal, finding that the Respondent had not erred in law in any of the ways submitted by the Appellant. The Respondent had been entitled to conclude that it was not in the public interest to refer the case due to the time passed since the conviction, and that the interview could not be argued by the Appellant to have been unfair given that he had relied upon it for his defence at trial. Thus the Supreme Court held that the Respondent’s decision-making process had been correct.

For judgment, please download: [2017] UKSC 20
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court Website (13 Dec 2016 morning session)