Section 17 Jurisdiction in relation to decisions under this Act

(1)

TPIM decisions are not to be questioned in any legal proceedings other than—

(a)

proceedings in the court; or

(b)

proceedings on appeal from such proceedings.

(2)

The court is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to proceedings all or any part of which call a TPIM decision into question.

(3)

In this Act “TPIM decision” means—

(a)

a decision made by the Secretary of State in exercise or performance of any power or duty under any of sections 2 to 15 or under Schedule 1 or 2;

(b)

a decision made by the Secretary of State for the purposes of, or in connection with, the exercise or performance of any such power or duty;

(c)

a decision by a constable to give a direction by virtue of paragraph 4 of Schedule 1 (movement directions measure) or paragraph 10(1)(b) of that Schedule (reporting measure);

F1(ca)

a decision by a polygraph operator to give an instruction by virtue of paragraph 10ZA(1)(c) of Schedule 1 (polygraph measure);

F2(cb)

a decision by an authorised person to give a direction by virtue of paragraph 10ZB(1)(b) of Schedule 1 (drug testing measure);

(d)

a decision by a person to give a direction by virtue of paragraph 12(2)(d) of Schedule 1 (monitoring measure).

Annotations

Textual amendments

F1: S. 17(3)(ca) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 38(2), 50(2)(s)
F2: S. 17(3)(cb) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 39(2), 50(2)(s)