SCCRC makes referral to High Court over possible miscarriage in assault case
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An assault case has been referred to the High Court of Justiciary by the Scottish Criminal Cases Review Commission as a possible miscarriage of justice.
In accordance with the commission’s statutory obligations, a statement of reasons for its decision has been sent to the High Court and Crown Office. The commission has no power under its founding statute to make copies of its statements of reasons available to the public.
On 11 May 2015, at Stirling Justice of the Peace Court, Carol Olwyn Kirk was convicted of assault and admonished.
The commission has decided to refer the case to the High Court as it believes that a miscarriage of justice may have occurred in respect of Ms Kirk’s conviction, in that the court misdirected itself in assessing the evidence and concluding that the applicant intended to assault the complainer.
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