(1)The Advocate General for Scotland may take part as a party in criminal proceedings so far as they relate to a compatibility issue.
(2)
In this section “compatibility issue” means a question, arising in criminal proceedings, as to—
(a)whether a public authority has acted (or proposes to act)—
(i)in a way which is made unlawful by section 6(1) of the Human Rights Act 1998, or
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)whether an Act of the Scottish Parliament or any provision of an Act of the Scottish Parliament is incompatible with any of the Convention rights ...).
(3)In subsection (2)—
(a)
“public authority” has the same meaning as in section 6 of the Human Rights Act 1998
;
(b)references to acting include failing to act;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 288ZA 6
[2015] UKSC 77 · 16 December 2015Defines
The provision defines compatibility issues, including questions whether a public authority acted unlawfully under human-rights law, incompatibly with EU law, or whether Scottish legislation is incompatible with Convention rights or EU law (see paras [7]-[10]; [32]).
[2013] UKSC 48 · 10 July 2013Interprets
The subsection defines a compatibility issue as a Convention or EU-law question arising in criminal proceedings. Extradition proceedings fall outside that definition because they do not determine a criminal charge (see paras [15]–[23]).
[2013] UKSC 36 · 13 June 2013Defines
The subsection defines a compatibility issue to include Convention or EU-law incompatibility in Scottish criminal proceedings. It governed the characterisation of both issues before the Court. (see paras [6]; [9]-[11])
What each judgment says about section 288ZA is in the case-law panel in the full Act.