According to UK Justice Minister Jack Straw, SCOTTISH ministers may not have the final say on the Lockerbie bomber, al Megrahi. (Straw: Lockerbie bomber's fate may be out of ministers' hands)
Al Megrahi can appeal under a prisoner transfer agreement between Libya and the UK to serve the remainder of his sentence in Libya.
Scottish ministers will view the application in the first instance, but Megrahi can ask for a judicial review of their decision – placing it in the hands of the courts.
Mr Straw had previously insisted the final decision would lie with Scottish ministers.
But, in a letter to Alex Salmond, the Scottish First Minister, Straw wrote: "A decision in relation to the transfer of a prisoner under the terms of the PTA may be subject to a judicial review."