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Consultation on ‘compatibility issues’ 10/01/2018 A consultation has been published on the practice and procedure relating to “compatibility issues” arising in criminal proceedings in Scotland and appeals to the UK Supreme Court

Consultation on ‘compatibility issues’

A Review Group established by the Lord Justice General, Lord Carloway, to look at the practice and procedure relating to “compatibility issues” arising in criminal proceedings in Scotland and appeals to the UK Supreme Court, has published a consultation on the matter.

Responses are sought by 9th April.

The Review Group, chaired by Lord Carloway, was set up in relation to The Scotland Act 2012 (sections 34 to 37), which made a number of significant changes to criminal procedure in Scotland, including the introduction of compatibility issues and changes to the right of appeal to the UK Supreme Court.

A compatibility issue is a question, in criminal proceedings, of whether a public authority has acted unlawfully under the Human Rights Act, or in a way which is incompatible with EU law; or whether an Act of the Scottish Parliament is incompatible with the European Convention on Human Rights or EU law.

A review of these amendments, as required by section 38 of the 2012 Act, is now underway.

In particular, the Review Group is considering whether an appeal to the UK Supreme Court on a compatibility issue should only be possible if the High Court of Justiciary first certifies that the issue raises a point of law of general public importance.

The consultation paper can be found here.

 

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