ABSTRACT
Therefore, under the HRA, the courts are required to give effect to the Convention when deciding cases (see ss 1, 2 and 3 of the HRA) by applying the provisions of the Convention to statutory interpretation, in the judicial review of primary and secondary legislation, in the development of the common law, or in the application of judicial discretion. Advocates may also invoke the Convention as part of their legal argument or as a defence to a criminal charge. Section 6 of the HRA places a duty on ‘public authorities’ to discharge their duties in compliance with the Convention and s 7 provides a new cause of action where a public authority has acted in breach the ‘victim’s’ rights under the Convention. A ‘public authority’ includes any body that performs a public function to include local authorities, courts, tribunals, the police and the Crown Prosecution Service. Where a court finds that a public body has acted unlawfully, it must grant a remedy that is ‘just’ and ‘appropriate’ under s 8.
