The crumbling citadel: absolute judicial immunity de-rationalised

Abstract

A Turk is fined and recommended for deportation by a magistrate for breach of the Aliens Order 1953. The magistrate recommends that he not be detained in custody pending the Home Office’ decision on the recommendation for deportation. The Turk appeals to the Crown Court against the recommendation for his deportation. The judge rules that he has no jurisidiction to hear the appeal and dismisses it. On seeing the erstwhile appellant about to leave the court premises the judge cries ‘stop him’, on which the appellant Turk is arrested by the police and detained in custody. The Divisional Court of the Queens Bench issues an order of habeas corpus for the release of the Turk on the ground that the judge in the Crown Court had been functus officio before be began to consider whether the Turk should be detained or not. The Turk consequently brings an action against the Crown Court judge and the police, claiming damages for assault and false imprisonment. It is decided that the judge is immune from liability because he had acted in his capacity as a judge.