Scotland Bill

72: Before Clause 38, insert the following new Clause— ““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 paragraph 1 of Schedule 6 (devolution issues), after sub-paragraph (f) insert— ““But a question arising in criminal proceedings in Scotland is not a devolution issue if it is a compatibility issue within the meaning of section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right of Advocate General to take part in proceedings).”” (4) The Criminal Procedure (Scotland) Act 1995 is amended as follows. (5) After section 288A insert— ““288AA Appeals 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 court that made the determination or, failing that permission, with the permission of the Supreme Court. (6) An application to the High Court for permission under subsection (5) must be made— (a) within 28 days of the date of the final determination of the proceedings or, as the case may be, the date of the determination on the reference under section 288A(2A), 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 (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.”” (6) Section 288B (appeals to the Supreme Court) is amended as follows. (7) For the heading substitute ““Appeals to the Supreme Court: general””. (8) In subsection (1)— (a) after ““under”” insert ““section 288AA of this Act or””; (b) omit ““of a devolution issue””. (9) 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””. (10) In section 124(2)— (a) after ““Part XA”” insert ““and section 288AA””; (b) after ““appeal under”” insert ““section 288AA of this Act or””.””