Explanatory note

These Rules amend the Criminal Appeal Rules 1968 so as to provide the Crown with notice of issues relating to the Human Rights compatibility of primary legislation.

Section 4 of the Human Rights Act 1998 (“the 1998 Act”) provides the Court of Appeal with the power to make a declaration of incompatibility in respect of a provision of primary legislation. Section 5 of the 1998 Act provides the Crown with an entitlement to notice (in accordance with rules of court), where a court is considering whether to make such a declaration. It further provides various parties with an entitlement (in accordance with rules of court), to be joined in the proceedings.

These Rules provide for the relevant notice and joining arrangements. They further provide for notice that a declaration of incompatibility has been made.