PART XIIIU.K. Miscellaneous

[F1Convention rights F2... compatibility issues [F3, devolution issues and UNCRC compatibility issues]]S

Textual Amendments

F1Cross-heading substituted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 34(2), 44(5); S.I. 2013/6, art. 2(a)

[F4288ACAppeals to the Supreme Court: UNCRC compatibility issuesS

(1)For the purpose of determining any UNCRC compatibility issue an appeal lies to the Supreme Court against a determination in criminal proceedings by a court of 2 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 UNCRC 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 UNCRC compatibility issue, the Supreme Court must remit the proceedings to the High Court.

(4)An appeal under this section against a determination lies only—

(a)with the permission of the High Court, or

(b)if the High Court has refused permission, with the permission of the Supreme Court.

(5)Subsection (4) does not apply if it is an appeal by the Lord Advocate against a determination by the High Court of a UNCRC compatibility issue referred to it under section 288AB(4).

(6)An application to the High Court for permission under subsection (4)(a) 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.

(7)An application to the Supreme Court for permission under subsection (4)(b) must be made—

(a)within 28 days of the date on which the High Court refused permission under subsection (4)(b), or

(b)within such longer period as the Supreme Court considers equitable having regard to all the circumstances.]

Textual Amendments