Member Login  |   Join Us  |  Resources  |  FAQs  |  News  |  Events  |  Contact Us  


  Search for a Solicitor Advocate

 contact@solicitoradvocates.org

Follow us   

 

General

‘Compatibility issues’ review report 30/10/2018 Appeals to the Supreme Court should not require certification by the High Court of Justiciary that the issue raises a point of law of general public importance, a review chaired by the Lord Justice General has concluded.

‘Compatibility issues’ review report

Appeals to the Supreme Court should not require certification by the High Court of Justiciary that the issue raises a point of law of general public importance, a review chaired by the Lord Justice General has concluded.

The Review Group has published its report following a consultation on the practice and procedure relating to “compatibility issues” arising in criminal proceedings in Scotland, introduced under The Scotland Act 2012. 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.

The recommendations and conclusions of the Review Group include:

  • The amendments made by the 2012 Act have reduced the burden that was placed on the Scottish criminal courts by the previous law and practice.
  • An appeal to the Supreme Court on a compatibility issue should not require certification by the High Court that the issue raises a point of law of general public importance.
  • There is merit in a single procedure through which an individual may challenge legislation on Convention or EU grounds. Such challenges should continue to be defined as a ‘compatibility issue’ and be subject to compatibility issue procedure.
  • The Criminal Courts Rules Council should consider the extent to which amendment of Chapter 40 of the Criminal Procedure Rules is required in order to set out clearly the matters which must be specified in compatibility and devolution minutes.
  • Applications for permission to appeal against a decision to refuse leave to appeal to either the Sheriff Appeal Court or the High Court should remain possible.
  • The existing appeal time limits are appropriate and should not be amended.
  • Law officers should not be required to seek permission to appeal to the Supreme Court against the determination of a compatibility issue referred to the High Court under section 288ZB(2) of the Criminal Procedure (Scotland) Act 1995.

The report can be found here.
 

Find a Solicitor Advocate
Looking for a solicitor advocate to
represent you or your client?
Learn more
 
 

Sitemap  |  Privacy and legal  |  Accessibility  |  Cookies Policy  |  Terms and Conditions  |  Scam Alert

© Copyright 2012 The Society of Solicitor Advocates

Website by Red Towers (Scotland) Limited