PART XIIIU.K. Miscellaneous

[F1[F2Convention rights and EU law compatibility issues, and devolution issues] S

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

F2Cross-heading substituted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 34(2), 44(5); S.I. 2013/6, art. 2(a)

[F3288AAAppeals to the Supreme Court: compatibility issuesS

(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.]]

Textual Amendments

F3S. 288AA inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(6), 44(5); S.I. 2013/6, art. 2(c)

Modifications etc. (not altering text)