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The information requested is provided in the following table.

Conviction Referrals from 1 April 1999 to 31 March 2008

Year	Number of Referrals	Main Grounds
1999-2000	2	1 x New Evidence 1 x Change in Witness Testimony
2000-01	4	2 x Change in the Law 1 x New Evidence 1 x Unfair Trial
2001-02	9	6 x New Evidence 1 x Defective Representation 1 x Sentencing Issue 1 x Reasonable Doubt as to Applicant''s Guilt
2002-03	10	4 x New Evidence 2 x Jury Impropriety 1 x Reasonable Doubt as to Applicant''s Guilt 1 x Defective Representation 1 x Sentencing Issue 1 x Disclosure of Evidence
2003-04	2	2 x New Evidence
2004-05	6	5 x New Evidence 1 x Procedural Irregularity
2005-06	3	1 x Misdirection by Trial Judge 1 x Change in the Law 1 x Insufficiency of Evidence
2006-07	7	2 x Misdirection by Trial Judge 1 x Sentencing Issue 1 x Disclosure of Evidence 1 x Change in the Law 1 x New Evidence 1 x Abuse of Process
2007-08	3	1 x Multiple Referral Grounds 1 x New Evidence 1 x Unreasonable Verdict
Total	=SUM(ABOVE) 46

 

It should be noted that there may be other grounds of review. The commission''s system records only the main ground in the first instance.

Solicitors are not referred to the SCCRC. Once an application has been reviewed by the SCCRC it can be referred to the High Court.

When the court considers a case, the details of that case (including the names of any solicitors or other legal representatives involved) will be contained in any published opinion and will be a matter of public record.

Section 194J of the Criminal Procedure (Scotland) Act 1995 makes it an offence for any member or employee of the SCCRC to disclose information obtained by the SCCRC in the exercise of any of its functions. The possibility of information provided by applicants, witnesses and/or victims subsequently being disclosed, other than in court, could undermine public confidence in the criminal justice system, including the work of the SCCRC. Witnesses and/or people under investigation should not be inhibited or deterred from co-operating in investigations by the possibility that information provided may be disclosed or that their identity is revealed to the public, outwith the protection of the court. Accordingly, such information is not normally made available.

Solicitors are not referred to the Scottish Criminal Cases Review Commission. Where the Commission refers a case to the High Court, and the court overturns a conviction on the grounds of defective representation, it may be possible for disciplinary proceedings to be taken against the legal representative concerned. The Law Society of Scotland and the Faculty of Advocates are responsible for investigating complaints against solicitors and advocates respectively.

The Scottish Legal Services Ombudsman (SLSO) looks into complaints about how the professional bodies handle complaints against legal practitioners. Under the terms of the Legal Profession and Legal Aid (Scotland) Act 2007, the SLSO will be replaced by the Scottish Legal Complaints Commissioner (SLCC). The SLCC will receive complaints about legal practitioners where local resolution between the practitioner and client has been attempted but has proven unsuccessful. The SLCC will investigate complaints about service while the professional bodies will continue to address concerns relating to conduct. We anticipate that the new body will become operational in late 2008.

The approach to be taken by the courts in cases in which there is an allegation of defective representation is defined in Anderson vs H.M. Advocate (1996 SCCR 114). The then Lord Justice General stated that the conduct of the defence by the accused''s legal representative can only provide a ground for appeal if it deprives the accused of a fair trial. He further stated that this can only have occurred where the conduct was such that the accused''s defence was not presented to the court.

This may be because the accused was deprived of the opportunity to present his defence; or because his legal representative acted contrary to his instructions as to the defence he wished to be put forward; or because of other conduct which, because his defence had not been put, had the effect of denying him a fair trial.

In considering applications for review based on defective representation, the SCCRC applies the above approach.

I refer the member to the answer to question S3W-12508 on 9 May 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

I refer the member to the answer to question S3W-12400 on 8 May 2008. All answers to written parliamentary questions are available on the Parliament''s website; the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Under the provisions of the Police (Scotland) Act 1967, the operational deployment of individual officers is subject to the direction of the chief constable.

However, there are circumstances when chief constables are legitimately influenced in their deployment by parties external to the police service. These circumstances arise when officers are deployed in more general terms under the force''s operational priorities. The tripartite system of governance for police forces dictates that these priorities are arrived at following consultation between the chief constable, the relevant police board and Scottish ministers.

The deployment of Taser weapons is an operational matter for Chief Constables.

Section 17(2) of the Police (Scotland) Act 1967 states that the performance by a constable of his functions under any enactment or under any rule of law shall be subject to the direction of the appropriate Chief Constable.

We are at present providing £2.238 million of funding under CashBack for Communities to the Scottish Football Association to roll out a range of free football activities across Scotland. These activities address playing and coach/volunteer development work. Further information is available on the CashBack website.

Regarding the agreement with YouthLink to administer the £3 million local grant scheme, decisions on funding applications will be taken in May and an announcement on successful candidates will be made following this.

Further announcements will be made over the course of the next two months.

Taser weapons are defined as firearms under section 5(1)(b) of the Firearms Act 1968 (as amended).