#17271 - Remedies For Infringement Of Human Rights - GDL English Legal System

Remedies for infringement of human rights

• Rights are only worthwhile if there are adequate remedies for their enforcement.

  • Some of the main remedies available in English law for unlawful infringement of basic rights are the subject of this chapter.

• Judicial review

  • Where a public body acts illegally a remedy may be available through the procedure of judicial review.

• Habeas corpus

  • Habeas corpus is an ancient remedy which allows people detained to challenge the legality of their detention and, if successful, get themselves quickly released.

• Civil action for negligence

  • Where a public body breaches a person’s rights it may be sued in the civil courts.

• Compensation

  • If there has been a miscarriage of justice an award of compensation can be made by the state under s. 133 of the Criminal Justice Act 1988.

• The Human rights act 1998

  • Claimants may be entitled to compensation for breach of the European Convention.

• Criminal proceedings

  • Criminal proceedings may be brought for false imprisonment or assault, if necessary by means of a private prosecution.

• The independent police complaints commission

  • Misconduct by the police can be punished by internal disciplinary procedures. Complaints against the police can be made to the Independent Police Complaints Commission (IPCC).

• The admissibility of evidence

  • Where police officers commit serious infringements of a suspect’s rights during the investigation of an offence, the courts may hold that evidence obtained as a result of such misbehaviour is inadmissible in court.

• The right to exercise...