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Enforceable right to compensation only to extent required by Article 5(5) of Convention
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54. The Act of 2003 is amended by the insertion of the following section after section 3:
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“3A. (1) A person (in this section referred to as an ‘affected person’) in respect of whom a finding has been made by the Court that he or she has been unlawfully deprived of his or her liberty as a result of a judicial act may institute proceedings in the Circuit Court to recover compensation for any loss, injury or damage suffered by him or her as a result of that judicial act and the Circuit Court may award to the person such damages (if any) as it considers appropriate.
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(2) An action shall lie under this section only against—
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(a) Ireland, and
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(b) the Minister for Public Expenditure and Reform,
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and no court or member of the judiciary may be enjoined in such an action.
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(3) In proceedings under this section, the Circuit Court—
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(a) shall not compensate an affected person, other than to the extent required by Article 5(5) of the Convention and then only to the extent that he or she suffered actual injury, loss or damage, and
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(b) shall, in determining what compensation (if any) to award to the affected person, have regard to the principles and practice applied by the European Court of Human Rights in relation to affording just satisfaction to an injured party under Article 41 of the Convention.
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(4) The compensation recoverable under this section in the Circuit Court shall not exceed the amount standing prescribed, for the time being by law, as the limit of that court’s jurisdiction in tort.
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(5) (a) Proceedings under this section shall be brought not later than 1 year from the date of the finding by the Court referred to in subsection (1).
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(b) The period referred to in paragraph (a) may be extended by order made by the Circuit Court if it considers it appropriate to do so in the interests of justice.
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(6) Nothing in this section shall operate to affect—
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(a) the independence of a judge in the performance of his or her judicial functions, or
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(b) any enactment or rule of law relating to immunity from suit of judges.
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(7) The jurisdiction conferred on the Circuit Court by this section may be exercised by a judge of that court assigned to the circuit in which the affected person ordinarily resides or carries on any profession, business or occupation.
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(8) In this section—
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‘act’, in relation to a judicial act, includes an omission;
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‘Court’ means the High Court or the Supreme Court, as may be appropriate;
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‘judicial act’ means an act of a court done in good faith but in excess of jurisdiction and includes an act done on the instructions of or on behalf of a judge.”
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