OpenLegislation

Section 7 Limitation on challenge of issue of certificateF1C1C2C3C4C5C6C7C8

Northern Ireland

(1)

No court may entertain proceedings for questioning (whether by way of judicial review or otherwise) any decision or purported decision of the Director of Public Prosecutions for Northern Ireland in relation to the issue of a certificate under section 1, except on the grounds of—

(a)

dishonesty,

(b)

bad faith, or

(c)

other exceptional circumstances (including in particular exceptional circumstances relating to lack of jurisdiction or error of law).

(2)

Subsection (1) is subject to section 7(1) of the Human Rights Act 1998 (c. 42) (claim that public authority has infringed Convention right).

Annotations

Textual amendments

F1

Ss. 1-8 expire on 1.8.2009 by virtue of s. 9(1) of this Act; S.I. 2007/2045, art. 2(3)(a)

Modifications

C1

Ss. 1-8 continued until 1.8.2011 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2009 (S.I. 2009/2090), art. 2

C2

Ss. 1-8 continued until 1.8.2013 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2011 (S.I. 2011/1720), art. 2

C3

Ss. 1-8 continued until 1.8.2015 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2013 (S.I. 2013/1619), art. 2

C4

Ss. 1-8 continued until 1.8.2017 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2015 (S.I. 2015/1572), art. 2

C5

Ss. 1-8 continued until 1.8.2019 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2017 (S.I. 2017/798), art. 2

C6

Ss. 1-8 continued until 1.8.2021 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019 (S.I. 2019/1097), art. 2

C7

Ss. 1-8 continued until 1.8.2023 by The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2021 (S.I. 2021/876), art. 2

C8

Ss. 1-8 continued until 1.8.2025 by The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2023 (S.I. 2023/668), arts. 1(1), 2