Scottish Criminal Cases Review Commission, petitioners

Criminal procedure – Appeal – Deceased person – Transfer of rights of appeal. High Court of Justiciary: In a petition by the Scottish Criminal Cases Review Commission (SCCRC), who had received an application for a review of the murder conviction of a deceased person from the respondents, who were family members of two of the deceased's victims, in which the SCCRC sought the court's opinion on the interpretation of a statutory provision dealing with the transfer of a deceased person's rights of appeal, the court held that the petition was competent and not premature, and that the relatives of the deceased victims, including the respondents, had no 'legitimate interest' to institute an appeal against the deceased's conviction should the petitioners make a reference.

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