Public authorities
C19 Judicial acts.
1
Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—
a
by exercising a right of appeal;
b
on an application (in Scotland a petition) for judicial review; or
c
in such other forum as may be prescribed by rules.
2
That does not affect any rule of law which prevents a court from being the subject of judicial review.
F23
In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than—
a
to compensate a person to the extent required by Article 5(5) of the Convention, or
b
to compensate a person for a judicial act that is incompatible with Article 6 of the Convention in circumstances where the person is detained and, but for the incompatibility, the person would not have been detained or would not have been detained for so long.
4
An award of damages permitted by subsection (3) is to be made against the Crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined.
5
In this section—
“appropriate person” means the Minister responsible for the court concerned, or a person or government department nominated by him;
“court” includes a tribunal;
“judge” includes a member of a tribunal, a justice of the peace F1(or, in Northern Ireland, a lay magistrate) and a clerk or other officer entitled to exercise the jurisdiction of a court;
“judicial act” means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; and
“rules” has the same meaning as in section 7(9).