Commentary on Sections (and Schedules) Part 4: Miscellaneous Section 34: Convention rights and EU law: role of the Advocate General in relation to criminal proceedings
192.This section amends the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). Subsection (3) inserts a new section 288ZA into the 1995 Act, subsections (2) and (3) of which contain a definition of a “compatibility issue” as a question raised in criminal proceedings as to:
193.The new section inserted by subsection (3) also gives the Advocate General for Scotland a right to take part in criminal proceedings so far as they relate to a compatibility issue. Subsection (7) amends section 288A of the 1995 Act to allow the Advocate General for Scotland, in certain circumstances, to refer a compatibility issue to the High Court for their opinion following the conclusion of trial proceedings.