Part 3: Investigations, legal proceedings etc. and release of prisoners Civil proceedings, inquests and police complaints Section 47: Interim custody orders: prohibition of proceeding and compensation
This section makes provision in relation to legal proceedings and claims for compensation which are connected with the validity of an interim custody order.
	Subsection (1) applies to prohibit civil actions from being continued or brought if, or to the extent that, the claim to be determined in the action involves an allegation that a person was detained under the authority of an interim custody order and that order was unlawful because an authorised Minister of the Crown exercised any of the order-making functions in relation to it. The prohibition applies from the day on which the section comes into force (two months’ after the date on which the Act is passed – see section 63(2)(a)).
	Subsection (2) applies to criminal proceedings relating to the quashing of a conviction (for example, criminal appeals), providing that such proceeding may not be continued or brought if, or to the extent that, the grounds for seeking to have the conviction quashed involve an allegation that a person was detained under the authority of an interim custody order which was unlawful because an authorised Minister of the Crown had exercised any of the order-making functions relating to that order. Again, this prohibition applies from the day on which section 47 comes into force.
	Subsection (3) creates an exception to the prohibition under subsection (2) for "pre-commencement proceedings". These are proceedings relating to the quashing of a conviction for which leave was given, or which follow from a referral by the Criminal Cases Review Commission made, before the commencement of the prohibition. Paragraph (b) of subsection (3) clarifies that where the exception applies, section 46 does not prevent the court from quashing the conviction on the ground that the interim custody order was unlawful.
	Subsection (4) makes provision in relation to claims for compensation for miscarriage of justice under the statutory scheme established by section 133 of the Criminal Justice Act 1988, where these relate to an interim custody order. Under this subsection, the payment of compensation under that scheme is prohibited in respect of a conviction that has been reversed solely on the ground that an interim custody order was unlawful because an authorised Minister of the Crown exercised any of the order-making functions in relation to that order.
	Subsection (5) provides that the power under section 58(2) to make regulations containing provision consequential on sections 46 or 47 may include provision which amends this Act (including this section). It also provides for the use of the made affirmative procedure for such regulations (if they are not made in accordance with the draft affirmative procedure under section 58(5), or the made negative procedure under section 58(6)).
	Subsection (6) defines the terms "commencement day", "compensation for miscarriage of justice", and "pre-commencement proceedings". The definitions set out in section 46(7) also apply to this section.