SCCR refers Conor McAteer case to High Court

In accordance with the commission’s statutory obligations, a statement of reasons for its decision has been sent to the High Court, Mr McAteer and the Crown Office. The commission has no power under its founding statute to make copies of its statements of reasons available to the public.

On 22 December 2015, at Perth Sheriff Court, Mr McAteer was convicted of drugs offences and sentenced to 28 months’ imprisonment.

The commission has decided to refer the applicant’s sentence to the High Court of Justiciary on the issue of comparative justice.

The applicant applied to the commission seeking a review of sentence on the basis that the sentence imposed upon him was excessive and that he had suffered a miscarriage of justice in terms of comparative sentencing as a result of his co-accused’s sentence being reduced on appeal from 20 months’ imprisonment to eight months’ imprisonment.