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Paragraph 40.14 Procedure following determination of an appeal by the Supreme CourtF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where the Supreme Court has—

(a)

determined a compatibility issue on appeal and remitted the proceedings to the High Court in accordance with section 288AA(3) F2or section 288AC(3) of the Act of 1995;

(b)

determined a devolution issue on appeal under paragraph 13(a) of Schedule 6.

(2)

The High Court of Justiciary shall then give direction as to further procedure which shall be intimated by the Clerk of Justiciary to each of the parties to the proceedings.

Annotations

Textual amendments

F1

Sch. 2 Ch. 40 substituted (22.4.2013) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/72), paras. 1(2), 4(1) (with para. 5(2))

F2

Words in Sch. 2 rule 40.14(1)(a) inserted (16.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/174), paras. 1(2), 2(3)(i)

Notes on Chapter 40

Textual amendments

F2

Words in Sch. 2 Ch. 40 heading substituted (16.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/174), paras. 1(2), 2(3)(a)