Scotland Bill

37: After Clause 37, insert the following new Clause— ““References of compatibility issues to the High Court or Supreme Court In the Criminal Procedure (Scotland) Act 1995, after section 288ZA (inserted by section 37) insert— ““288ZB References of compatibility issues to the High Court or Supreme Court (1) Where a compatibility issue has arisen in criminal proceedings before a court, other than a court consisting of two or more judges of the High Court, the court may, instead of determining it, refer the issue to the High Court. (2) The Lord Advocate or the Advocate General for Scotland, if a party to criminal proceedings before a court, other than a court consisting of two or more judges of the High Court, may require the court to refer to the High Court any compatibility issue which has arisen in the proceedings. (3) The High Court may, instead of determining a compatibility issue referred to it under subsection (2), refer it to the Supreme Court. (4) Where a compatibility issue has arisen in criminal proceedings before a court consisting of two or more judges of the High Court, otherwise than on a reference, the court may, instead of determining it, refer it to the Supreme Court. (5) On a reference to the Supreme Court 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. (6) When it has determined a compatibility issue on a reference under this section, the Supreme Court must remit the proceedings to the High Court. (7) An issue referred to the High Court or the Supreme Court under this section is referred to it for determination. (8) In this section ““compatibility issue”” has the meaning given by section 288ZA.”””” Amendment 37A (to Amendment 37) not moved. Amendment 37 agreed. Clause 38 : Convention rights and EU law: criminal appeals to the Supreme Court Amendments 38 and 39 Clause 38 : Convention rights and EU law: criminal appeals to the Supreme Court Amendments 38 and 39 Moved by