The writ of habeas corpus for release is a writ of a remedial nature and is not to be used as an instrument of punishment of one who has wrongfully detained or parted with the custody of another1. It is inapplicable if the illegal detention has ceased before the application for the writ is made2. When it is clear that the person charged with unlawfully detaining another, whether a child or an adult, has de facto ceased to have any custody or control, the writ ought not to issue
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234