Article 2 Definition of convertible devolution issue

(1)

A convertible devolution issue is a question arising in criminal proceedings before the relevant date which—

(a)

is a devolution issue;

(b)

would have been a compatibility issue had it arisen on or after that date; and

(c)

has not been finally determined before the relevant date.

(2)

But a devolution issue arising in criminal proceedings before the relevant date is not a convertible devolution issue if—

(a)

the issue has been referred, or a determination of the issue has been appealed, to the Supreme Court under Schedule 6 to the 1998 Act; and

(b)

the hearing of the reference or appeal commences before the relevant date.