Version Superseded: 16/07/2024
Point in time view as at 05/11/2021. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Section 288B is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)This section applies where the [F4Supreme Court] determines an appeal under [F5section 288AA of this Act or] paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination F6... by the High Court in the ordinary course of proceedings.
(2)The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings.
(3)Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the [F7Supreme Court] as it would have if it were considering the proceedings otherwise than as a trial court.]
Textual Amendments
F1Ss. 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
F2 S. 288B heading substituted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(8), 44(5); S.I. 2013/6, art. 2(c)
F3Ss. 288A-288B and preceding 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
F4Words in s. 288B(1) and in sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 86(a); S.I. 2009/1604, art. 2(d)
F5Words in s. 288B(1) inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(9)(a), 44(5); S.I. 2013/6, art. 2(c)
F6Words in s. 288B(1) omitted (22.4.2013) by virtue of Scotland Act 2012 (c. 11), ss. 36(9)(b), 44(5); S.I. 2013/6, art. 2(c)
F7Words in s. 288B(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 86(b); S.I. 2009/1604, art. 2(d)
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