SCCRC refers case of man convicted of indecent images offences to High Court

In accordance with the commission’s statutory obligations, a statement of reasons for its decision has been sent to the High Court, the Lord Advocate andCrown Office.

The commission has no power under its founding statute to make copies of its statements of reasons available to the public.

The applicant, John Milligan, was convicted after trial at the High Court in Edinburgh on 7 May 2009 of seven contraventions of the Civic Government (Scotland) Act 1982, as amended, relating to the possession of indecent photographs of children, taking or permitting to be taken or made, indecent photographs of children, distributing or showing indecent photographs of children, possession of a number of indecent photographs of a child or children with a view to them being distributed or shown by him to others, and distributing or showing indecent photographs of children to his co-accused). He was also convicted of conspiring with others to commit sexual offences against a child (Charge 54).

The commission has decided to refer the case to the High Court because it considers that, in light of the decision in Strachan v HMA HCJAC 3, the libel in one of the charges against the applicant should have been restricted to one between him and his co-accused whom he had direct contact with.

In these circumstances the jury returned a verdict in respect of the applicant in respect of the conspiracy charge which was not as restricted as the evidence against him suggested, and in these circumstances, this may have led to a miscarriage of justice.