Commentary on Sections: Part 2 Protection and indemnification of justices and justices’ clerks Section 31: Immunity for acts within jurisdictionSection 32: Immunity for certain acts beyond jurisdictionSection 33:Striking out proceedings where action prohibited
85.These sections make similar provision to sections 51, 52 and 53 of the JPA 1997. Section 31 provides immunity against action brought against justices of the peace in proceedings arising from the execution of their duty. It also gives immunity to justices’ clerks and those appointed to assist a justices’ clerk in proceedings which arise from their exercise, in accordance with rules made under section 28, of a function which could be exercised by a single justice of the peace. Section 32 excludes proceedings in which bad faith is proved and makes clear that the immunity does not apply where the justice, clerk or assistant himself is the subject of criminal proceedings. Section 33 provides that proceedings brought in circumstances where a justice or justices’ clerk has immunity may be struck out.