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Human Rights Act 1998

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5 Right of Crown to intervene.E+W+S+N.I.

(1)Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court.

(2)In any case to which subsection (1) applies—

(a)a Minister of the Crown (or a person nominated by him),

(b)a member of the Scottish Executive,

(c)a Northern Ireland Minister,

(d)a Northern Ireland department,

is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings.

(3)Notice under subsection (2) may be given at any time during the proceedings.

(4)A person who has been made a party to criminal proceedings (other than in Scotland) as the result of a notice under subsection (2) may, with leave, appeal to the [F1Supreme Court] against any declaration of incompatibility made in the proceedings.

(5)In subsection (4)—

  • criminal proceedings” includes all proceedings before the [F2Court Martial Appeal Court]; and

  • leave” means leave granted by the court making the declaration of incompatibility or by the [F3Supreme Court]

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Amendments (Textual)

F2Words in s. 5(5) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 157; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

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