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How can someone use the Act?
If you consider that a public body or
authority has breached your human
rights, you can take it to court and
rely on the Convention rights in the
course of any other proceedings
involving a public authority. For
example, this could include judicial
reviews and criminal trials.
If you take a public body or authority
to court, you have to bring proceedings
within a year of the act complained of.
However, the court can allow you to
bring a case after a longer period of
time if it considers this is fair.
A public body or authority means:
- Government departments
- Local authorities
- Police, prison, immigration
officers
- Public prosecutors
- Courts and tribunals
- Non-departmental public bodies
- Any person exercising a public
function
Does the Act cover anything which
happened before 2nd October 2000?
Unfortunately, the answer is: generally
not.
What remedies are available under the
act?
A court can award whatever remedy is
open to it and seems just and
appropriate, such as damages.
Who can bring cases?
Only victims of a breach of the
Convention rights can bring proceedings.
Interest groups cannot initiate cases,
but they can assist victims in bringing
actions.
Can cases still be taken to the European
Court of Human Rights?
This route can still be taken, but
Strasbourg will need to know that all
the available routes in the UK have been
exhausted.
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The Interactive
Law Group