Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court.
In any case to which subsection (1) applies—
is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings.
Notice under subsection (2) may be given at any time during the proceedings.
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 Supreme Court against any declaration of incompatibility made in the proceedings.
In subsection (4)—
"criminal proceedings" includes all proceedings before the Court Martial Appeal Court; and
"leave" means leave granted by the court making the declaration of incompatibility or by the Supreme Court