(1)For the purpose of determining any compatibility issue an appeal lies to the Supreme Court against a determination in criminal proceedings by a court of two or more judges of the High Court.
(2)On an appeal 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.
(3)When it has determined the compatibility issue the Supreme Court must remit the proceedings to the High Court.
(4)
In this section “compatibility issue” has the same meaning as in section 288ZA.
(5)An appeal under this section against a determination lies only with the permission of the High Court or, failing that permission, with the permission of the Supreme Court.
(6)Subsection (5) does not apply if it is an appeal by the Lord Advocate or the Advocate General for Scotland against a determination by the High Court of a compatibility issue referred to it under section 288ZB(2).
(7)An application to the High Court for permission under subsection (5) must be made—
(a)within 28 days of the date of the determination against which the appeal lies, or
(b)within such longer period as the High Court considers equitable having regard to all the circumstances.
(8)An application to the Supreme Court for permission under subsection (5) must be made—
(a)within 28 days of the date on which the High Court refused permission under that subsection, or
(b)within such longer period as the Supreme Court considers equitable having regard to all the circumstances.
Cases considering section 288AA 5
[2025] UKSC 38 · 12 November 2025Limits
Confers the appeal to the Supreme Court for determining a compatibility issue and limits the Court’s powers to that purpose. After determination, the proceedings must be remitted to the High Court of Justiciary. (see paras [1]-[2])
Limits the Supreme Court’s powers to determining the compatibility issue. (see para [2])
Requires remittal to the High Court of Justiciary after the compatibility issue has been determined. (see para [2])
[2020] UKSC 32 · 15 July 2020Limits
The section supplied the limited appellate jurisdiction over compatibility issues and required remittal after their determination (see paras [10]-[12]).
The Supreme Court’s powers were exercisable only to determine the permitted compatibility issues (see paras [10]-[12]).
After determining the compatibility issues, the Supreme Court was required to remit the proceedings to the High Court (see para [10]).
Read with section 288ZA(2), the provision defined the relevant compatibility issue as a question whether a public authority had acted unlawfully under section 6(1) of the Human Rights Act 1998 (see para [10]).
The provision requires permission from the High Court or Supreme Court for an appeal under section 288AA (see para [10]).
[2015] UKSC 77 · 16 December 2015Limits
The section confers a limited appellate jurisdiction to determine compatibility issues. It does not create a general criminal appellate jurisdiction (see paras [4]-[6]; [11]; [32]).
The provision was applied as part of the statutory basis for the appeal concerning a compatibility issue (see para [32]).
The Supreme Court’s powers are exercisable only for determining the compatibility issue. The subsection therefore excluded general review of the High Court’s factual assessment (see paras [11]; [32]).
After determining the compatibility issue, the Supreme Court must remit the proceedings to the High Court (see para [11]).
Cited only.
What each judgment says about section 288AA is in the case-law panel in the full Act.