PART XIII

Miscellaneous

Convention rights ... compatibility issues , devolution issues and UNCRC compatibility issues

Appeals to the Supreme Court: compatibility issues
288AA
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.
S. 288AA inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(6), 44(5); S.I. 2013/6, art. 2(c)
Words in s. 288ZA cross-heading omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 5(2)
Cross-heading substituted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 34(2), 44(5); S.I. 2013/6, art. 2(a)
S. 288AA(1)(5) modified (22.4.2013) by The Scotland Act 2012 (Transitional and Consequential Provisions) Order 2013 (S.I. 2013/7), arts. 1(1), 7
S. 288AA(7) modified (22.4.2013) by The Scotland Act 2012 (Transitional and Consequential Provisions) Order 2013 (S.I. 2013/7), arts. 1(1), 9
S. 288AA applied (22.4.2013) by The Scotland Act 2012 (Transitional and Consequential Provisions) Order 2013 (S.I. 2013/7), arts. 1(1), 14
Words in s. 288ZA cross-heading substituted (16.7.2024) by United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (asp 1), ss. 32(2), 47(2)(a) (with s. 43)