Court Proceedings (Delays) Act 2024

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Making of assessment

17. (1) Subject to subsection (2) and sections 15 and 16 , an Assessor shall, as soon as practicable but not later than 6 months after the date of receipt by the Chief Assessor of an assessment application to which he or she has been assigned in accordance with section 13 (1), make an assessment in accordance with this section.

(2) Where an Assessor is of the view that it will not be possible for him or her to make an assessment within the period referred to in subsection (1), he or she shall, before the expiry of that period, by notice in writing—

(a) inform the applicant and Minister of his or her view and the reasons for it, and

(b) specify the date, being a date not later than 3 months after the expiry of the period referred to in subsection (1), before which the Assessor shall make the assessment.

(3) For the purposes of making an assessment, an Assessor shall consider—

(a) the assessment application and all accompanying information and documents,

(b) any clarification, information or document provided in accordance with a request under section 15 (1) or a requirement under section 15 (3)(b)(ii) or section 16 , and

(c) such other information or documents, including information or documents relating to the assessment application, as he or she considers appropriate.

(4) An Assessor, having considered the matters specified in subsection (3), shall, taking due account of the matters referred to in paragraphs (a) to (d) of section 11 (4), make a declaration that, in relation to the relevant proceedings the subject of the application—

(a) there has been a breach of the applicant’s right under section 11 (1), or

(b) there has not been a breach of the applicant’s right under section 11 (1).

(5) Where an Assessor makes a declaration referred to in subsection (4)(a), he or she shall determine—

(a) whether compensation is payable in accordance with this Part to the applicant concerned, and

(b) if so payable, the amount of compensation payable, calculated in accordance with subsection (6).

(6) An Assessor, in making a determination under subsection (5), shall—

(a) take due account of the matters referred to in paragraphs (a) to (d) of section 11 (4), and

(b) in calculating the amount of compensation payable (if any)—

(i) do so by reference to, and on the basis of, the principles applied by, the practice of and the levels of compensation awarded by the European Court of Human Rights in decisions in which that Court found that there was a violation of a person’s right under Article 6(1) of the Convention to the conclusion of proceedings within a reasonable time and, in particular, any such decision in which the facts and circumstances of the case to which the decision relates are, in the Assessor’s opinion, comparable to those relating to the relevant proceedings to which the assessment application concerned relates, and

(ii) have regard to any injury, loss or damage suffered by the applicant as a direct result of the breach of the applicant’s right under section 11 (1) to which the declaration under subsection (4)(a) relates.

(7) An Assessor, having complied with subsections (3), (4), (5) and (6), shall prepare an assessment in writing that shall consist of the following:

(a) a declaration under subsection (4);

(b) a determination under subsection (5), where applicable;

(c) the reasons for the declaration and, where applicable, the determination;

(d) where the applicant has failed to comply with a request under section 15 (1) or a requirement under section 15 (3)(b)(ii), a statement by the Assessor of the failure concerned;

(e) any other information that the Assessor considers relevant to the assessment.

(8) In this section and section 24 , a reference to “compensation awarded by the European Court of Human Rights” is a reference to the compensation awarded by the European Court of Human Rights in affording just satisfaction to an injured party in accordance with Article 41 of the Convention.