What could constitute a miscarriage of justice?
Precedents set by previous Scottish appeal cases show a miscarriage may occur firstly, where on the merits the appeal judges feel the conviction is unsafe. Concerns about the quantity or quality of the Crown evidence would be an example. Secondly, there can be a procedural miscarriage of justice. It means the Appeal Court would look at some alleged procedural irregularity which, if sufficiently serious, may prove fatal to the conviction in the lower court. Is there a mechanism for a “final appeal” beyond the court appeal in Holland? Under the devolution settlement in which Scotland obtained its own parliament, the Judicial Committee of the Privy Council has a supervisory jurisdiction over constitutional matters within the UK. Failure by Scottish ministers to observe the terms of the European Convention on Human Rights can be taken to the Privy Council, which sits in Downing Street, London. It is therefore by no means impossible that the final determination of the Lockerbie case could b
