Stephen Rodger case referred to High Court of Justiciary

In accordance with the Commission’s statutory obligations, a statement of reasons for its decision has been sent to the High Court, and a copy of the statement of the reasons has been sent to Mr Rodger and the Crown.

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

On 12 September 2013, at Glasgow Sheriff Court, Mr Rodger was convicted of offences under section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (behaving in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear and alarm) and section 16A of the Firearms Act 1968 as amended (possession of a firearm or imitation firearm with intent to cause any person to believe that unlawful violence will be used against him or another person).

The Commission concluded that Mr Rodger was denied a fair trial. Accordingly, the Commission believes there may have been a miscarriage of justice in his case. The Commission also believes it is in the interests of justice that a reference to the High Court should be made.