The Act of 2003 is amended by the insertion of the following section after section 3:

"3A.

(1) A person (in this section referred to as an 'affected person') in respect of whom a finding has been made by the Court that he or she has been unlawfully deprived of his or her liberty as a result of a judicial act may institute proceedings in the Circuit Court to recover compensation for any loss, injury or damage suffered by him or her as a result of that judicial act and the Circuit Court may award to the person such damages (if any) as it considers appropriate.

(2) An action shall lie under this section only against -

(a) Ireland, and

(b) the Minister for Public Expenditure and Reform,

and no court or member of the judiciary may be enjoined in such an action.

(3) In proceedings under this section, the Circuit Court -

(a) shall not compensate an affected person, other than to the extent required by Article 5(5) of the Convention and then only to the extent that he or she suffered actual injury, loss or damage, and

(b) shall, in determining what compensation (if any) to award to the affected person, have regard to the principles and practice applied by the European Court of Human Rights in relation to affording just satisfaction to an injured party under Article 41 of the Convention.