(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.
[F1(3)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 [F2(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).
Textual Amendments
F1S. 9(3) substituted (21.10.2020) by The Human Rights Act 1998 (Remedial) Order 2020 (S.I. 2020/1160), arts. 1(2), 2(1) (with art. 2(2))
F2Words in definition s. 9(5) inserted (N.I.)(1.4.2005) by 2002 c. 26, s. 10(6), Sch. 4 para. 39; S.R. 2005/109, art. 2 Sch.
Modifications etc. (not altering text)
C1Ss. 6-9 excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(b), 3, 10(1) (with ss. 4, 10(2))