[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

How to make the application for a writ of habeas corpus for release E+W

87.2.— (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.]