PART XIII Miscellaneous
F1F2Convention rights and EU law compatibility issues, and devolution issues
Cross-heading substituted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 34(2), 44(5); S.I. 2013/6, art. 2(a)
C1C2C3288AAF3Appeals to the Supreme Court: compatibility issues
1
For the purpose of determining any compatibility issue an appeal lies to the Supreme Court against a determination in criminal proceedings by a court of two or more judges of the High Court.
2
On an appeal under this section—
a
the powers of the Supreme Court are exercisable only for the purpose of determining the compatibility issue;
b
for that purpose the Court may make any change in the formulation of that issue that it thinks necessary in the interests of justice.
3
When it has determined the compatibility issue the Supreme Court must remit the proceedings to the High Court.
4
In this section “compatibility issue” has the same meaning as in section 288ZA.
5
An appeal under this section against a determination lies only with the permission of the High Court or, failing that permission, with the permission of the Supreme Court.
6
Subsection (5) does not apply if it is an appeal by the Lord Advocate or the Advocate General for Scotland against a determination by the High Court of a compatibility issue referred to it under section 288ZB(2).
7
An application to the High Court for permission under subsection (5) must be made—
a
within 28 days of the date of the determination against which the appeal lies, or
b
within such longer period as the High Court considers equitable having regard to all the circumstances.
8
An application to the Supreme Court for permission under subsection (5) must be made—
a
within 28 days of the date on which the High Court refused permission under that subsection, or
b
within such longer period as the Supreme Court considers equitable having regard to all the circumstances.
Ss. 288A, 288B and cross-heading inserted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 32(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 4