Amendment of the Human Rights Act 19982
1
In section 9 of the Human Rights Act 1998 (judicial acts), for subsection (3), substitute—
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.
2
The amendment made by paragraph (1) applies in relation to judicial acts occurring before (as well as to those occurring after) this Order comes into force.