174. Re-arrest after discharge.

A prisoner who has been discharged from illegal custody on habeas corpus cannot be again imprisoned or committed for or in respect of the same offence1; but he is not privileged from being immediately re-arrested on criminal process in relation to some matter other than that in respect of which he has been discharged, although he is privileged from re-arrest on civil process whilst returning to his place of abode from the court discharging him2.

Under the Habeas Corpus Act 1679 no person is at any time to be again imprisoned or committed for the same offence by any person,