ABSTRACT
If a defendant in the magistrates' court raised the issue of the compatibility of the 1998 Act with Art 6, but the magistrates found-in the defence view, wrongly-that no incompatibility arose and made the Order, the issue could not be dealt with until the proceedings were over. Theoretically, the issue could then be dealt with on an appeal to the High Court by way of case stated. The High Court can make a declaration of incompatibility under s 4. But, the defendant would gain nothing from obtaining the declaration since the Order would still stand. Indeed, if the appeal alleged incompatibility it would appear to disclose no ground on which the Order could be overturned.
