574. Declarations of incompatibility in respect of human rights.

The Court Martial Appeal Court1 is entitled to make a declaration that a statute is not compatible with the rights and freedoms guaranteed by the European Convention on Human Rights2 where a conflict between the convention and primary legislation cannot be resolved by interpreting the legislation in such a way as to avoid a conflict3. The court may also declare subordinate legislation to be incompatible with Convention rights where primary legislation prevents removal of the incompatibility4. The court must not consider making a declaration of incompatibility unless it has given written notice as prescribed in the rules