Court case[1975] QB 118

Sirros, a Turkish national, was convicted by a stipendiary magistrate of an offence under the Aliens Order, fined, and recommended for deportation; the magistrate did not order him to be detained pending a decision by the Home Secretary. Sirros appealed to the Crown Court against the recommendation. The circuit judge, Judge Moore, dismissed the appeal and, as Sirros was leaving the court, directed that he be detained. Police officers took him into custody. The Divisional Court granted habeas corpus because the judge had no power, on such an appeal, to order detention. Sirros then sued the judge and the police officers for false imprisonment.

The Court of Appeal held that the action failed against all the defendants. Lord Denning MR held that every judge, of whatever rank, is protected from liability for damages when acting judicially, so long as he does so in the honest belief that the act is within his jurisdiction, even if in fact it is not; the old distinction between judges of superior and inferior courts should no longer be maintained. The judge had acted judicially and in good faith and was immune. The police officers, who had acted in good faith on the judge's direction, were also protected. Buckley and Ormrod LJJ concurred in the result.