Search Legislation

Scotland Act 2012

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Scotland Act 2012, Section 36. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

36Convention rights and EU law: criminal appeals to the Supreme CourtE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)The 1998 Act is amended as follows.

(2)In section 57(3) (EU law and Convention rights: excepted acts of the Lord Advocate) omit the words after paragraph (b).

(3)In section 102 (powers of courts or tribunals to vary retrospective decisions)—

(a)in subsection (4)(b) at the end insert “ or to a compatibility issue, ”;

(b)after subsection (5) insert—

(5A)Where the decision mentioned in subsection (1) is a decision of the Supreme Court on a compatibility issue, the power to make an order under this section is exercisable by the High Court of Justiciary instead of the Supreme Court.;

(c)in subsection (7) before the definition of “intimation” insert—

compatibility issue” has the meaning given by section 288ZA of the Criminal Procedure (Scotland) Act 1995,.

(4)In paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f) insert—

But a question arising in criminal proceedings in Scotland that would, apart from this paragraph, be a devolution issue is not a devolution issue if (however formulated) it relates to the compatibility with any of the Convention rights or with EU law of

(a)an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament,

(b)a function,

(c)the purported or proposed exercise of a function,

(d)a failure to act.

(5)The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(6)After section 288A insert—

288AAAppeals 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.

(7)Section 288B (appeals to the Supreme Court) is amended as follows.

(8)For the heading substitute “ Appeals to the Supreme Court: general ”.

(9)In subsection (1)—

(a)after “under” insert “ section 288AA of this Act or ”;

(b)omit “of a devolution issue”.

(10)In sections 112(6), 121(5)(a), 121A(5), 122(4) and (5) and 177(8), after “under” insert “ section 288AA of this Act or ”.

(11)In section 124(2)—

(a)after “Part XA” insert “ and sections 288ZB and 288AA ”;

(b)after “purposes of” insert “ a reference under section 288ZB or ”;

(c)after “appeal under” insert “ section 288AA of this Act or ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 36 in force at 22.4.2013 by S.I. 2013/6, art. 2(c)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources