Sirros v Moore
Judges are immune from civil liability for acts done in their judicial capacity, even if they act outside their jurisdiction, provided they act in good faith.
Facts
Mr Sirros, a Turkish citizen, was convicted by magistrates of minor offences and recommended for deportation, but not detained. He appealed to the Crown Court. The circuit judge dismissed his appeal and, mistakenly believing that he had power to do so, ordered police officers to detain him. He was detained until he was released on habeas corpus. He sued the judge and the police officers for assault and false imprisonment.
Legal principle
The Court of Appeal held that the judge and the officers were immune from liability. Lord Denning MR said that every judge of the courts of this land, from the highest to the lowest, should be protected to the same degree, and liable to the same degree. If a judge acts in the honest belief that he is acting within his jurisdiction, he should not be liable in damages, even if he is mistaken in fact or in law. The immunity protects judicial independence, so that judges can act free from fear of being sued, but it does not protect a judge who knows he has no jurisdiction or acts in bad faith.
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