The powers of the Scottish Criminal Cases Review Commission (SCCRC) to review alleged miscarriages of justice are provided for in the Criminal Procedure (Scotland) Act 1995 (1995 Act).

There is no limitation within the 1995 Act on the SCCRC investigating evidence provided to it during a previously reviewed case with any decision to investigate evidence provided to it during a previously reviewed case being an independent matter for the SCCRC.

The sanctions that may be applied where a person is found to have misled the Scottish Criminal Cases Review Commission (SCCRC) and the means by which allegations that a person may have done so would be investigated would depend on the facts and circumstances of the particular case.

The purpose of the SCCRC is to investigate alleged miscarriages of justice. Where a person seeks to deliberately mislead the SCCRC when carrying out an investigation into an alleged miscarriage of justice, they may potentially be committing the offence of attempting to pervert the course of justice or defeat the ends of justice.

The SCCRC have a power at section 194H of the Criminal Procedure (Scotland) Act 1995 to request precognition under oath. Where a person knowingly gives false information under oath, they may be liable to be prosecuted for perjury.

As common law offences, the maximum penalty for offences of perjury, attempting to defeat the ends of justice or pervert the course of justice is up to life imprisonment, limited only by the sentencing power of the court in which the offender is sentenced.

Where the SCCRC believe that a person may have committed a criminal offence, it is a matter for the SCCRC to consider what action to take and this could include reporting this to the police for investigation.

The Scottish budget has provided support to the Scottish Courts and Tribunal Service in order that a new case management system for the Office of the Public Guardian (OPG) can be introduced. The project to deliver a new system for OPG is due to be delivered over three phases. The first phase, which will enable faster processing of Power of Attorney applications, is due to be launched in 2025 and will enable OPG to bring down the processing time for cases. Phases two and three are anticipated to also be rolled out during 2025. It is estimated that the project, once all phases are delivered, will provide annual recurring savings alongside significant service improvements, and a more stable, resilient system.

Operational decisions relating to the Office of the Public Guardian (OPG) are for the independent Scottish Courts and Tribunal Service (SCTS). SCTS is rolling out a new case management system for OPG. Activation codes are not in scope for the first stages of the project, but will be considered for phases beyond 2025-26 should funding be available.

The Scottish Government recognises that the present system of presenting paper copies of powers of attorneys as proof of authority to act could be improved by digitisation of the process. Digital activation codes are used in England and appear to be a successful way of doing this. Digitisation of this process in Scotland is an operational decision within the remit of the Office of the Public Guardian, which is part of the independent Scottish Courts and Tribunal Service.

The disposal of litter and fishing gear at sea is covered by the International Convention for the Prevention of Pollution from Ships (MARPOL) Regulations. In UK waters these are enforced by the Maritime and Coastguard Agency (MCA). Scottish Government’s Marine Directorate Compliance Officers report incidents through our intelligence system to the MCA and periodically remind vessels of their obligations under MARPOL.

The Scottish Government published the updated Marine Litter Strategy and Action Plan in 2022, aiming to address the amount of litter entering the marine environment, to achieve ecological, economic and social benefits. The strategy steers our work up to 2027 and co-ordinates the efforts of our stakeholders and partners, working at a national and international level to help prevent and remove marine litter.

On prevention of marine litter caused by the improper disposal of end-of-life fishing and aquaculture gear, we contributed to the work of the European Committee for Standardisation to improve the recycling potential of fishing and aquaculture gear, with a standard for circular design of gear published in November 2024. This standard also helps us as we continue to work across the four nations and industry to develop improved waste management systems for end-of-life fishing and aquaculture gear to reduce litter and improve recycling rates, contributing to our circular economy.

On removal of marine litter caused by the improper disposal of end-of-life fishing and aquaculture gear, we continue to fund the KIMO Fishing for Litter scheme. 400 vessels currently participate in Scotland, returning to harbour litter that is passively caught at sea during fishing operations, which includes fishing and aquaculture gear. The initiative also provides education to support better waste management practices onboard vessels.

Marine Fund Scotland has been available to our delivery partners and external stakeholders for projects that support the delivery of the strategy. Successful applications have supported investment in fishing and aquaculture gear recycling equipment, local community litter removal activities, and marine litter education projects.

The Scottish Government published the updated Marine Litter Strategy and Action Plan in 2022, aiming to address the amount of litter entering the marine environment, to achieve ecological, economic and social benefits. The strategy steers our work up to 2027 and co-ordinates the efforts of our stakeholders and partners, working at a national and international level to help prevent and remove marine litter.

On prevention, we are working across the four nations to put an end to pollution caused by wet wipes containing plastic, with legislation forthcoming. To further our efforts in tackling sewage-related debris, Scottish Water, our delivery partner, has installed more than 1000 new sewer monitors across its waste water system as part of a major programme of investment to transform its network and improve Scotland’s water environment. We contributed to the work of the European Committee for Standardisation to improve the recycling potential of fishing and aquaculture gear, with a standard for circular design of gear published in November 2024. This standard also helps us as we continue to work across the four nations and industry to develop improved waste management systems for end-of-life fishing and aquaculture gear to reduce litter and improve recycling rates, contributing to our circular economy. Our work is not limited to macro litter, and we continue to work internationally to prevent pollution from microplastic pellets, which can be found on our beaches and risk the health of our marine wildlife.

On removal, we continue to fund the work of Local Coastal Partnerships, organisations that support and co-ordinate beach cleans and local community engagement. We fund litter removal offshore through the KIMO Fishing for Litter scheme, with 400 vessels now participating in Scotland, and removal at our rivers with the Keep Scotland Beautiful Upstream Battle project, removing litter that could otherwise travel downstream and ultimately reach our seas and beaches.

Marine Fund Scotland has been available to our delivery partners and external stakeholders for projects that support the delivery of the strategy. Successful applications have supported local community litter removal activities, marine litter education projects, and investment in fishing and aquaculture gear recycling equipment.