149. Jurisdiction at common law and statute.

The right to the writ of habeas corpus is a right which exists at common law independently of any statute, although the right has been confirmed and regulated by statute1. In practice, the writ in modern times is almost invariably issued by virtue of the common law jurisdiction and not under the Habeas Corpus Act 16792. Jurisdiction is now vested in the High Court of Justice, and is normally exercised by the Divisional Court of the Queen's Bench Division and by the judges of the High Court of Justice in accordance with rules of court