The Scottish Criminal Cases Review Commission believes a miscarriage of justice may have occurred after Lord Mclean did not follow the correct sentencing procedure in the case of Sean Kergan's 2006 murder conviction.

Kergan and a co-accused both pled guilty, and Kergan was sentenced to mandatory life imprisonment with a punishment part of thirteen years. However the SCCRC ruled that Lord Maclean failed to dispose of the sentencing correctly.

"The Commission considers that the sentencing judge did not apply correctly the sequence of steps to be taken before he had to decide whether Mr. Kergan was entitled to receive a 'discount' in his sentence for his guilty plea," the SCCRC said in a statement.

"In light of this, and the sentencing practice of the High Court, the Commission believes that there may have been a miscarriage of justice in respect of the punishment part of Mr. Kergan's sentence and that it is in the interests of justice to refer the case to the High Court for determination."

At thne time of Kergan's conviction, his counsel Paul McBride QC said: "These are young men who have ruined their own lives and have brought death to another young man. Mr Kergan has written a letter to the family of the deceased which he wishes to be passed on to them. In it he expressed genuine remorse for taking the life of another."