36 Convention rights and EU law: criminal appeals to the Supreme Court
Scotland Act 2012 (2012 c 11) | Legislation

36  Convention rights and EU law: criminal appeals to the Supreme Court

(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)

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