Criminal Procedure (Scotland) Act 1995 (c. 46)

PART XIII U.K. Miscellaneous

[F1 [F2 Convention rights and EU law compatibility issues, and devolution issues] S

Textual Amendments

F1 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

F2 Cross-heading substituted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 34(2), 44(5); S.I. 2013/6, art. 2(a)

[F3 288ZA Right of Advocate General to take part in proceedings S

(1) The Advocate General for Scotland may take part as a party in criminal proceedings so far as they relate to a compatibility issue.

(2) In this section “compatibility issue” means a question, arising in criminal proceedings, as to—

(a) whether a public authority has acted (or proposes to act)—

(i) in a way which is made unlawful by section 6(1) of the Human Rights Act 1998, or

(ii) in a way which is incompatible with EU law, or

(b) whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is incompatible with any of the Convention rights or with EU law.

(3) In subsection (2)—

(a) “public authority” has the same meaning as in section 6 of the Human Rights Act 1998;

(b) references to acting include failing to act;

(c) “EU law” has the meaning given by section 126(9) of the Scotland Act 1998.]]

Textual Amendments

F3 S. 288ZA inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 34(3), 44(5); S.I. 2013/6, art. 2(a)

Modifications etc. (not altering text)

C1 S. 288ZA(1) modified (22.4.2013) by The Scotland Act 2012 (Transitional and Consequential Provisions) Order 2013 (S.I. 2013/7), arts. 1(1), 8