F1PART 87APPLICATIONS FOR WRIT OF HABEAS CORPUS

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

How to make the application for a writ of habeas corpus for release87.2

1

The applicant must make the application by filing—

a

a claim form under Part 8; and

b

a witness statement or affidavit.

2

The witness statement or affidavit must—

a

state that the application is made at the instance of the person being detained;

b

set out the nature of the detention; and

c

subject to paragraph (3), be made by the detained person.

3

If the detained person is unable to make the witness statement or affidavit, the witness statement or affidavit—

a

may be made by some other person on behalf of the detained person; and

b

must state the reason why the detained person is unable to make the witness statement or affidavit.

4

The claim form must be filed in the Administrative Court.

5

The application may be made without notice.

6

In cases of urgency, the judge—

a

may dispense with the requirement that a claim form must be filed; and

b

must give directions for the conduct of the application.