Section 9 — Human Rights Act 1998: Judicial acts.

Judicial acts. 9 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.

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 (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).