General questions and answers about using the act.

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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