ABSTRACT

Section 7(3) of the Act provides that an individual may make an application to the courts if, and only if, he or she ‘is, or would be, a victim of an unlawful act’. A person claiming that a public authority has acted, or proposes to act, in a way made unlawful by section 6(1) may bring proceedings against the authority, or may rely on the Convention right concerned in any legal proceedings. In relation to judicial review proceedings, the victim test is also applied, giving a narrower meaning to ‘sufficient interest’ (or ‘standing’) than that applied under other judicial review proceedings.