147. Prerogative Nature Of Writ.

147. Prerogative nature of writ.

The writ of habeas corpus for release is a prerogative writ, that is to say it is an extraordinary remedy, which is issued upon cause shown in cases where the ordinary legal remedies are inapplicable or inadequate¹.

The writ is a writ of right² and is granted as of right³. Both at common law and by statute⁴

(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.

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.

147. Prerogative nature of writ.

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