Human Rights Act 1998

9 Judicial acts.U.K.

(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

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)