In 2010, EF was convicted after trial of two charges of breach of the peace. The sheriff remitted his case to the High Court, which subsequently imposed an order for lifelong restriction with a six-month punishment part.

Those acting on behalf of EF applied to the commission in 2024. The application was based on material that had come to light since trial about his mental disorder. In the course of the review, the commission obtained an opinion from a specialist psychiatrist.

The information now available to the commission has led it to the view that EF was probably unfit to plead at the time of his trial. In any event, the commission believes that if the court had had access to the new material, it would have considered the imposition of a compulsion order in place of an order for lifelong restriction.

The commission considers that a miscarriage of justice may have occurred in relation both to conviction and sentence.