The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 87 E+W APPLICATIONS FOR WRIT OF HABEAS CORPUS

Textual Amendments

F1 Pt. 87 inserted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 2

SECTION 2 E+W APPLICATIONS TO THE HIGH COURT FOR A WRIT OF HABEAS CORPUS FOR RELEASE

Initial consideration of the application on paper E+W

87.4.— (1) Where the judge considers the application under rule 87.2 on paper, the judge may—

(a) make an order for the issue of the writ;

(b) adjourn the application to a hearing;

(c) direct that the application be considered by a Divisional Court of the Queen’s Bench Division;

(d) direct that the application continues as an application for permission to apply for judicial review;

(e) give such other directions for resolution of the application as may be appropriate; or

(f) dismiss the application.

(2) Where the judge dismisses a paper application, the applicant may request the decision to be reconsidered at a hearing.

(3) A request under paragraph (2) must be filed within 7 days after service of the order dismissing the application.

(4) The applicant and the respondent must be given at least 2 days’ notice of the hearing date.]