(1)This section applies if [F117the county courtF117] or the sheriff finds that there has been a contravention of a provision referred to in section 114(1).
(2)The county court has power to grant any remedy which could be granted by the High Court—
(a)in proceedings in tort;
(b)on a claim for judicial review.
(3)The sheriff has power to make any order which could be made by the Court of Session—
(a)in proceedings for reparation;
(b)on a petition for judicial review.
(4)An award of damages may include compensation for injured feelings (whether or not it includes compensation on any other basis).
(5)Subsection (6) applies if the county court or sheriff—
(a)finds that a contravention of a provision referred to in section 114(1) is established by virtue of section 19 [F118or 19AF118] , but
(b)is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the claimant or pursuer.
(6)The county court or sheriff must not make an award of damages unless it first considers whether to make any other disposal.
(7)The county court or sheriff must not grant a remedy other than an award of damages or the making of a declaration unless satisfied that no criminal matter would be prejudiced by doing so.
389.This section gives powers to county and sheriff courts hearing claims under the Act to grant any remedy that the High Court or Court of Session in Scotland can grant in proceedings in tort or in a claim for judicial review. The main remedies available are damages (including compensation for injuries to feelings), an injunction and a declaration. In cases based on indirect discrimination, if the respondent proves that he or she did not intend to treat the claimant unfavourably then the award of damages cannot be considered until a court has looked at the other remedies available to it.
390.A court cannot grant some remedies, such as an injunction, if doing so would prejudice a criminal investigation or proceedings.
391.This provision is designed to replicate the effect of provisions in the previous legislation.