In 2010, the applicant pled guilty to a charge of breach of the peace. The applicant received a fine of £300. The sentencing sheriff concluded that there was a “significant sexual aspect” to the offence in terms of paragraph 60 of Schedule 3 to the Sexual Offences Act 2003. 

The applicant was made subject to notification requirements for a period of five years.

Having regard to the purpose and effects of registration under the 2003 Act, the commission does not believe that there was a significant sexual aspect to the offence, and therefore considers that a miscarriage of justice may have occurred.

In accordance with the commission’s statutory obligations, a statement of reasons for its decision has been sent to the applicant, the High Court, the lord advocate and Crown Office. 

In terms of its disclosure policy, the commission will disclose the fact that a case has been referred. However, as it operates under statutory non-disclosure provisions, it will not disclose any further information about such cases.