This section applies where the F2Supreme Court determines an appeal under F5section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination F7... by the High Court in the ordinary course of proceedings.

The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings.

Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the F3Supreme Court as it would have if it were considering the proceedings otherwise than as a trial court.