In 2021, the applicant pled guilty on summary complaint to two charges of contravening section 127(1)(a) of the Communications Act 2003 and on a separate complaint, to a charge of breach of bail. The applicant was sentenced to five months’ imprisonment on the Communications Act charges and to a concurrent 11-week sentence in respect of the breach of bail matter.

The applicant applied to the SCCRC in 2023. Her application was based on her mental health at the time of the offences and the court proceedings. In 2024, the SCCRC sought the opinion of a forensic psychiatrist.

Based on the information before it, the SCCRC considers that the applicant’s mental health at the time of the court proceedings was such that the applicant was not fit to plead in respect of the charges at that time, in terms of section 53F of the Criminal Procedure (Scotland) Act 1995.

Additionally, the SCCRC considers that, on the basis of what is now known about the applicant’s condition, the applicant may have had a defence in terms of section 51A of the 1995 Act. The absence of an investigation into the possibility of a defence under section 51A prior to her pleas being tendered, and the likelihood that the defence may have been made out, cause the SCCRC to conclude that the applicant’s guilty pleas were tendered under some real error or misconception.

The SCCRC considers that a miscarriage of justice may have occurred.

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