144. General Nature Of Writ Of Habeas Corpus. | Rights Freedoms | LexisNexis

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144. General nature of writ of habeas corpus.

The writ of habeas corpus for release¹ is a prerogative process for securing the liberty of the subject² by affording an effective means of immediate release from unlawful or unjustifiable detention³ whether in prison or in private custody⁴. It is a prerogative writ by which the Sovereign has a right to inquire into the causes for which any of her subjects are deprived of their liberty

(3) Functions Of Domestic Courts

141. Interpretative principles.

142. Common law civil actions.

143. Common law criminal actions.

144. General nature of writ of habeas corpus.

145. General scope of the writ.

146. Writ available against the Executive.

147. Prerogative nature of writ.

148. Writ remedial, not punitive.

149. Jurisdiction at common law and statute.

150. Places to which writ may be granted.

151. Writ against persons abroad.

152. Illegal commitment.

153. Extradition and deportation.

154. Detention of immigrants.

155. Minors and mentally disordered persons.

156. Criminal cases.

157. Reviewing decision.

158. Contempt of Parliament.

159. Who is entitled to apply for writ.

160. Without notice application for writ of habeas corpus.

161. Consideration of the application.

162. Evidence.

163. To whom must the writ be directed.

164. Issue and service of writ.

165. Return to the writ.

166. Evidence to controvert return.

167. Time for return.

168. Committal for contempt a good return.

169. Return when production impossible.

170. Custody pending hearing.

171. Enforcing obedience to the writ.

172. Appeals.

173. Discharge from custody.

174. Re-arrest after discharge.

175. Incorporated and unincorporated treaties.

176. Domestic interpretation of unincorporated international human rights law.

177. Application of unincorporated international human rights law by the European Court of Human Rights.

178. Statutory interpretation.

179. Judicial discretion.

180. Judicial review of executive action.