Courts Act 2003 (c. 39)

Part 2 E+W Justices of the peace

Protection and indemnification of justices and justices' clerks E+W

32 Immunity for certain acts beyond jurisdiction E+W

(1) An action lies against a justice of the peace in respect of what he does or omits to do—

(a) in the purported execution of his duty as a justice of the peace, but

(b) in relation to a matter not within his jurisdiction,

if, but only if, it is proved that he acted in bad faith.

(2) An action lies against a justices' clerk or an assistant clerk in respect of what he does or omits to do—

(a) in the purported execution of his duty as a justices' clerk or assistant clerk exercising, by virtue of an enactment, a function of a single justice of the peace, but

(b) in relation to a matter not within his jurisdiction,

if, but only if, it is proved that he acted in bad faith.